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TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL
Justice Dhirubhai Naranbhai Patel, CJ, Mr. Subodh Kumar Gupta, J
Mumbai International Airport Ltd. – Appellant
Versus
Airports Economic Regulatory Authority of India – Respondent
| Table of Content |
|---|
| 1. aera's regulatory framework on df. (Para 2 , 4 , 5 , 6 , 60) |
| 2. appellant's right and agreements on cost recovery. (Para 7 , 8 , 9 , 10 , 12 , 18) |
| 3. legal basis for determining development fee. (Para 50 , 56 , 61 , 62) |
| 4. interest rate applications should be based on actual market conditions. (Para 64 , 66 , 68 , 70 , 90) |
| 5. approval of df collections and interest rate. (Para 112 , 114 , 116 , 120) |
JUDGEMENT
Per Justice D.N. PATEL, Chairperson SUMMARIUM
The present appeal revolves around an issue of calculation of Development Fee along with actual cost of debt levied by financial institutions and paid by Airport Operator – Appellant – MIAL, upon securitisation of collection of Development Fee.
STATUTES, REGULATIONS & LEGAL AGREEMENTS INVOLVED
| ACT/REGULATION/RULE/AGREEMENT SECTION/RULE/CLAUSE/ANNEXURE | |
| Airports Economic Regulatory Authority of India Act, 2008 | Sec.13, Sec.18 |
| State Support Agreement (SSA) | ANNEXURE A-3 of this AERA Appeal |
| Operation, Management and Development Agreement (OMDA) | ANNEXURE A-2 of this AERA Appeal |
| Concession Agreement | ANNEXURE A-4 (Colly) of this AERA Appeal |
| AERA Order No. 09/2023-24 dated 14.06.2023 | Annexure A-1 of this AERA Appeal |
| Airports Authority of Ind |
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