The High Court dismissed a writ petition seeking to quash an Airport Appellate Tribunal order and permit the petitioner to run a flying school. The Court found the petitioner failed to invoke the arbitration clause regarding license fee arrears.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.12.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.13681 of 2016
Kohinoor Educational Services Pvt., Ltd., Salem Airport Salem Tamil Nadu 636 309 Having its Registered Office at No.5, VIP Road, Koh-e-Fiza, Bhopal, Madhya Pradesh Represented by its Director, Mr.H.Shibu ...Petitioner
Vs 1. The Airport Appellate Tribunal Safdarjung Airport New Delhi – 110 003 2. M/s.Airport Authority of India, Salem Airport, Salem – 636 309 Tamil Nadu ...Respondents
PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call upon all the records on the file of the 1st respondent relating to the Judgment in Appeal No.10/CP/AAT/2013 dated 18.3.2015 and quash the same and consequently direct the 2nd respondent herein to permit the petitioner to run the flying school set up by it in the premises of the 2nd respondent.
F or Petitioner :Mr.Swarnam J Rajagopalan
For Respondents:R1 – Tribunal R2 – Mr.V.Ramesh O R D E R
The order passed by the Airport Appellate Authority, New Delhi dated 18.03.2015 is under challenge in the present writ petition.
Companies Act, 1956. The petitioner states that they had adequate experience in running of private flying training school and already running a flying school in Guna (Madhya Pradesh), which is approved by Directorate General of Civil Aviation and run by IMT Society.
3.The grievances of the writ petitioner is that they entered into a contract with the 2nd respondent / M/s.Airport Authority of India on 03.04.2009. The period of contract was 5 years and the petitioner was permitted to run the training School at Salem. On account of allegations regarding arrears of payment of license fee, show cause notice was issued. The said show cause notice dated 23.09.2011 was challenged by the petitioner in W.P.No.22965 of 2011. This Court elaborately adjudicated the issue with reference to Clause 20 of the agreement dated 03.04.2009 and dismissed the writ petition on the ground that the petitioner has to invoke the Arbitration Clause agreed between the parties under the Arbitration and Conciliation Act, 1996. The contract between the petitioner and the 2nd respondent was terminated and an eviction order was passed. The petitioner preferred an appeal before the Airport Appellate Tribunal, New Delhi in Appeal No.10/CP/AAT/2013 and after adjudication of the issues, the Tribunal passed an order on 18.03.2015. The said order is under challenge in the present writ petition.
Court in W.P.No.22965 of 2011, the petitioner has to invoke the Arbitration Clause or approach the competent Civil Court of Law for the purpose of resolving the issues. In the event of approaching such Forum or Court of law, such Court shall taken into consideration the period, during which, the writ petition was pending before the High Court for the purpose of condoning the delay, if any application to condone the delay is filed.
Sd/-
Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
kak
To
W.P.No.13681 of 2016
RR(CO)
RGA(05/01/2022)
Kohinoor Educational Services Pvt., Ltd.
The Airport Appellate Tribunal
Airport Authority of India
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
