The Bombay High Court on Wednesday set aside its earlier interim order restraining the Mumbai International Airport Ltd. from finalising tenders for ground and bridge handling services post termination of Turkish firm Celebi's contract.
A bench of Justice Somasekhar Sundaresan said the interim protection granted in May cannot be continued as the Delhi HC earlier this month dismissed Celebi's petition against similar contract termination of the Delhi airport and revocation of security clearance.
“It is now clear that holding up the decision of finding a replacement is not possible and tenable. Continuation of the ad-interim order is no longer reasonable and hence stands vacated,” the court said.
It added that post revocation of security clearance, all employees and equipment of the petitioner firm have been placed under the control of another company, Indo Thai Airport Services Ltd, which is now carrying out the ground handling and bridge mounting services at the Mumbai airport.
“The petitioner firm has lost all physical access to the airport,” the court said.
The HC said that as per the contract agreement, conciliation efforts are underway between the parties concerned and disposed of the petitions filed by Celebi.
Amid the backlash in India over Turkiye's support to Pakistan during ‘Operation Sindoor', India's aviation security regulator Bureau of Civil Aviation Security had revoked the security clearance of Celebi Airport Services India on grounds related to national security.
The company had moved the high court against the revocation of its security clearance and subsequent termination of its contract with MIAL.
The firm's petition challenging revocation of security clearance is pending before a division bench of the Bombay HC and is likely to be taken up for hearing on Thursday.
Celebi holds 59% stake in Celebi Nas Airport Services India Pvt. Ltd..
The petition sought suspension and annulment of the administrative decision of security clearance cancellation granted by BCAS under the Ministry of Civil Aviation of India.
It also sought annulment of terminations of the Bridge Mounted Equipment Service Agreement and the Concession Agreement, and Ground Handling Services by MIAL.
By way of interim relief, Celebi had sought HC to restrain MIAL from taking any final decision on the tenders issued on May 17 for the selection of a new ground handling agency for these services.
On May 26, a vacation bench had passed an interim order restraining MIAL from taking its final decision on the tenders.
The Delhi HC, while dismissing Celebi's plea against the security clearance revocation, noted that there were “compelling national security considerations involved”, which “impelled” the Centre to revoke the clearance, with “impelling geo-political considerations” at play.
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