Bombay High Court:
The present petitions under Section 9 of the Arbitration and Conciliation Act, 1996 , was filed by Celebi NAS Airport Services India (P) Ltd. (‘Celebi NAS’), seeking interlocutory protection against its replacement by another operator at the Mumbai International Airport following revocation of its security clearance. A Single Judge Bench of Somasekhar Sundaresan, J., dismissed the petition holding that recently Delhi High Court upheld the revocation of security clearance, hence, no interim relief could be granted.
The Court emphasised that Arbitral Tribunal could not grant specific performance and cancel the replacement of Celebi NAS in the two Concession Agreements, after the challenge to the grounds of revocation to an identically placed Concern had also been judicially ruled on.
“It was made clear that the tender process was not stalled and it could continue until the point of selection of the replacement operator, and only the actual final appointment was to be kept on hold.”
