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Head Legal, Gmr Hyd International Airport Ltd. v/s Registrar, Airports Economic Regulatory Appellate Tribunal 2


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Company & Directors' Information:- K N INTERNATIONAL LIMITED [Active] CIN = U45201UP2002PLC026841

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Company & Directors' Information:- A T N INTERNATIONAL LIMITED [Active] CIN = L65993WB1983PLC080793

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Company & Directors' Information:- S P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U70100WB1994PTC063228

Company & Directors' Information:- B. K. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999DL2006PTC157013

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Company & Directors' Information:- K A I INTERNATIONAL PRIVATE LIMITED [Active] CIN = U13100OR2007PTC009647

Company & Directors' Information:- C G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U99999MH1996PTC097577

Company & Directors' Information:- K C INTERNATIONAL LIMITED [Active] CIN = U74899DL1994PLC060402

Company & Directors' Information:- M P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U29130MH1997PTC107943

Company & Directors' Information:- A S INTERNATIONAL LIMITED [Strike Off] CIN = U74899DL1993PLC056158

Company & Directors' Information:- S. D. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74900UP2008PTC036047

Company & Directors' Information:- S AND I INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL1995PTC072210

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Company & Directors' Information:- A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51102GJ2008PTC053840

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Company & Directors' Information:- S B S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18101DL1997PTC085878

Company & Directors' Information:- R. A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51225DL2008PTC177405

Company & Directors' Information:- B G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U50300PB2014PTC038889

Company & Directors' Information:- S F INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999PB2000PTC023654

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Company & Directors' Information:- C K INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1991PTC045625

Company & Directors' Information:- L A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909PB2010PTC033683

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Company & Directors' Information:- K P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U24110GJ2007PTC050026

Company & Directors' Information:- V S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U85100MH1997PTC109647

Company & Directors' Information:- N N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U01111DL1999PTC099094

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Company & Directors' Information:- A. R. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51900MH2010PTC228539

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Company & Directors' Information:- D N INTERNATIONAL LIMITED [Active] CIN = U36911TN1996PLC034205

Company & Directors' Information:- M. H. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U70102DL2007PTC164267

Company & Directors' Information:- M G M INTERNATIONAL PVT LTD [Active] CIN = U74899DL1982PTC013580

Company & Directors' Information:- J J INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51109DL1992PTC047657

Company & Directors' Information:- H D INTERNATIONAL LIMITED [Active] CIN = U74899DL1994PLC060720

Company & Directors' Information:- K. A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51101UP2012PTC049338

Company & Directors' Information:- J & G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18109DL2012PTC238392

Company & Directors' Information:- K R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U17291DL2008PTC172188

Company & Directors' Information:- S P INTERNATIONAL PVT LTD [Strike Off] CIN = U99999UP1965PTC003091

Company & Directors' Information:- B M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1992PTC048736

Company & Directors' Information:- S G INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51109WB1998PTC086547

Company & Directors' Information:- B N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U15412WB1999PTC089316

Company & Directors' Information:- V A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U01111DL2000PTC104712

Company & Directors' Information:- S. J. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U27310DL2007PTC169438

Company & Directors' Information:- G. S. C. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U29120MH1994PTC080380

Company & Directors' Information:- A J INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U74899DL1994PTC060818

Company & Directors' Information:- J S M INTERNATIONAL LIMITED [Active] CIN = U85110KA1996PLC020046

Company & Directors' Information:- N M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74120MH2012PTC234492

Company & Directors' Information:- S S M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL1997PTC089876

Company & Directors' Information:- A P J INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51909HR2010PTC040304

Company & Directors' Information:- T. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U72900DL1997PTC091049

Company & Directors' Information:- V R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51101UP2011PTC043952

Company & Directors' Information:- M E C INTERNATIONAL PRIVATE LIMITED [Active] CIN = U33111GJ1963PTC082423

Company & Directors' Information:- J K INTERNATIONAL PRIVATE LIMITED [Active] CIN = U01100MH2004PTC144492

Company & Directors' Information:- D. S. R. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999UP2010PTC039954

Company & Directors' Information:- R B INTERNATIONAL LTD [Strike Off] CIN = U18101WB1993PLC059515

Company & Directors' Information:- P Y INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U51102RJ1995PTC010133

Company & Directors' Information:- R C INTERNATIONAL LIMITED [Strike Off] CIN = U51909TG1991PLC012477

Company & Directors' Information:- I AND A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U72200TG1995PTC019936

Company & Directors' Information:- P V INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1998PTC094598

Company & Directors' Information:- I B INTERNATIONAL PRIVATE LIMITED [Under Process of Striking Off] CIN = U72200DL2000PTC105735

Company & Directors' Information:- A M INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC066228

Company & Directors' Information:- Z. H. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U21098MH2010PTC210735

Company & Directors' Information:- J R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909TN2002PTC048744

Company & Directors' Information:- L S INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74999DL2009PTC193390

Company & Directors' Information:- M B INTERNATIONAL PVT LTD [Strike Off] CIN = U52190DL2001PTC110572

Company & Directors' Information:- O K R INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74900DL1996PTC077152

Company & Directors' Information:- B B C INTERNATIONAL PVT LTD [Strike Off] CIN = U25209WB1984PTC037383

Company & Directors' Information:- K S INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51909MH2001PTC134345

Company & Directors' Information:- A TO Z INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51101TN1992PTC022507

Company & Directors' Information:- C & A INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51900MH1982PTC026718

Company & Directors' Information:- J S INTERNATIONAL PVT LTD [Strike Off] CIN = U51900MH1982PTC027604

Company & Directors' Information:- A C INDIA INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1989PTC034784

Company & Directors' Information:- INDIA INTERNATIONAL COMPANY PRIVATE LIMITED [Active] CIN = U51228MH1955PTC009483

Company & Directors' Information:- R K INTERNATIONAL PVT LTD [Strike Off] CIN = U63040PB1982PTC004926

Company & Directors' Information:- L & P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U52100DL2016PTC292025

Company & Directors' Information:- R B N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U52300DL2012PTC243998

Company & Directors' Information:- P AND P INTERNATIONAL PRIVATE LIMITED. [Strike Off] CIN = U24100OR1993PTC003244

Company & Directors' Information:- E C INTERNATIONAL PVT LTD [Strike Off] CIN = U99999DL1982PTC013146

Company & Directors' Information:- M M INTERNATIONAL PVT LTD [Converted to LLP] CIN = U51312DL1977PTC008583

Company & Directors' Information:- A K INDIA INTERNATIONAL PRIVATE LTD [Strike Off] CIN = U45201DL1981PTC012389

Company & Directors' Information:- O P INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U55101PB2013PTC037499

Company & Directors' Information:- J & A INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51900PB2013PTC037302

Company & Directors' Information:- Y. A. INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74900RJ2012PTC040431

Company & Directors' Information:- D & A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262713

Company & Directors' Information:- R L INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18204UP2016PTC076344

Company & Directors' Information:- V P S INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U93030UP2014PTC066242

Company & Directors' Information:- J V INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51102DL2012PTC240197

Company & Directors' Information:- S R L INTERNATIONAL PRIVATE LIMITED [Under Process of Striking Off] CIN = U20296AP2013PTC085533

Company & Directors' Information:- M D INTERNATIONAL LIMITED [Active] CIN = U74140MH1981PTC025007

Company & Directors' Information:- D C M INTERNATIONAL LTD. [Strike Off] CIN = U99999DL2000PTC004208

    Writ Petition Nos. 22474 of 2014 & 27390 of 2015

    Decided On, 17 October 2019

    At, High Court of for the State of Telangana

    By, THE HONOURABLE MR. JUSTICE A. RAJASHEKER REDDY

    For the Petitioner: K.V. Rusheek Reddy, Advocate. For the Respondent: Ast Sol Gen.



Judgment Text


Common Order: (A. Rajasheker Reddy, J.)

1. Since the issue involved in both these writ petitions is one and the same, they are being heard together and disposed of by way of this Common Order.

WP No.22474 of 2014

2. This Writ Petition is filed assailing the order of the 3rd respondent vide order No.38/2013-14, dated 24.02.2014 as illegal and arbitrary and for consequential directions.

WP No.27390 of 2015

3. This Writ Petition is filed with the following prayer:

"It is therefore, prayed that this Hon'ble Court may be pleased to issue a writ, order and more particularly in the nature of 'Mandamus';

(i) Declaring that in view of the policy directive dated 10.06.2015 issued by the Central Government under Section 42(2) of AERA Act, 2008, the order No.38/2013-14, dated 24.02.2014 made by the 2nd respondent is rendered inoperative and non-implementable; and

(ii) Further declare that the petitioner is entitled to collect tariffs/Airport Charges in the same manner as done prior to the 2nd respondent's order dated 24.02.2014; and

(iii) Consequently to direct the 2nd respondent to re-determine the tariff in accordance with the policy directive dated 10.06.2015 issued by the 1st respondent within a stipulated time.

4. Heard Sri S.Niranjan Reddy, learned Senior Counsel for the petitioners, learned Assistant Solicitor General for respondents 1 & 2 and Sri R.Raghunandan Rao, learned Senior Counsel appearing for implead petitioner in WPMP No.7944 of 2016 in WP No.27390 of 2015.

5. Sri S.Niranjan Reddy, learned Senior Counsel for the petitioner submits that though Appeal No.2 of 2014 is filed against the impugned order passed by the Airports Economic Regulatory Authority of India-3rd respondent dated 24.02.2014, but due to the vacancy that had arisen in the composition of the said Appellate Authority-1st respondent, the same could not be taken up, as such, petitioner was constrained to file the present writ petition.

6. It is informed by the learned counsel for the parties that the powers of the 1st respondent-Airports Economic Regulatory Appellate Tribunal, had been conferred on the Telecom Disputes Settlement and Appellate Tribunal (for brevity "TDSAT"), as such, the matter can be remitted back to it.

7. It is a matter of fact that at the time of admission, the 1st respondent was not functioning when the appeal was preferred before it and the documents were called for by this Court. Now, as the Appellate Authority's powers have been conferred on the Appellate Tribunal-TDSAT and same is stated to be functioning, as contended by the learned counsel for the parties, it would be apposite to refer back the matter to the competent authority- TDSAT, for adjudication of the appeal No.2/2014 filed against the impugned proceedings of the Airports Economic Regulatory Authority of India, dated 24.02.2014.

8. Learned counsel for the parties also submit that the matter can be remitted back to the TDSAT for reconsideration of the 'Till Charges' in accordance with the policy decision of the Ministry of Civil Aviation, New Delhi-the 1st respondent, in its order dated 10.06.2015.

9. A perusal of the records and order placed before this Court makes it cogent that the matter in these writ petitions is in relation to the order No.38/2013-14, dated 20.02.2014 issued by the Airports Economic Regulatory Authority of India. It has been brought to the notice of this Court that the Appellate Authority's power has been conferred on the TDSAT. In view of the same, this Court is not inclined to entertain these writ petitions, as alternative forum has been made available and the Appeal No.2/2014 is being remitted back to the TDSAT, the petitioner can raise all the issues before the TDSAT, as was raised in WP No.27390 of 2015.

10. Therefore, the Registry is directed to send the documents pertaining to the Appeal No.2/2014 filed against impugned order No.38/2013-14, dated 24.02.2014 passed by the Airports Economic Regulatory Authority of India, to the TDSAT and the Appell

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ate Tribunal is requested to dispose of the same, in accordance with law, as expeditiously as possible. However, stay granted in WPMP No.40833 of 2015 in WP No.27390, dated 06.10.2015 shall continue till the final disposal of the appeal before the Appellate Tribunal, as it is in operation from the year 2015. 11. Accordingly, both the Writ Petitions are disposed of. As a sequel thereto, miscellaneous petitions, if any, pending, shall stands closed.
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05-07-2019 M/s. Saravana International, Rep. by its Proprietor, C.R. Devanathan, Panruti Versus The Assistant Commissioner (ST), Panruti High Court of Judicature at Madras
01-07-2019 Anand Institute of International Studies, Through Shrimati Arun Pal Anand(Prop/Director), Madhya Pradesh Versus Sani Jaggi & Others National Consumer Disputes Redressal Commission NCDRC
28-06-2019 The Government of Tamilnadu, Rep.by its Secretary, Public Works Department, Chennai & Others Versus M/s. GMP International GMBH of Hardenberg Strassee 4-5, Rep.by its Authorised Singatory Col.C. Jaisankar (Retd.) High Court of Judicature at Madras
24-06-2019 R. Mallika & Another Versus Expeditors International India Pvt. Ltd., Represented by its Supervisor in Accounts department Bharanidharan High Court of Judicature at Madras
04-06-2019 Commissioner of Income, International Taxation-1, Mumbai Versus Bechtel International Inc. High Court of Judicature at Bombay
30-05-2019 Atakas Ticaret Ve Nakliyat As Versus Glencore International Ag Supreme Court of Appeal of South Africa
29-05-2019 Punjab State Warehousing Corporation Versus LMJ International Limited & Another High Court of Punjab and Haryana
16-05-2019 International Centre For Alternative Dispute Resolution Versus Union of India & Others High Court of Delhi
15-05-2019 R (on the application of Privacy International) Versus Investigatory Powers Tribunal & Others United Kingdom Supreme Court
14-05-2019 RUBFILA International Limited NIDA Versus Securities and Exchange Board of India, SEBI Bhavan & Another SEBI Securities amp Exchange Board of India Securities Appellate Tribunal
10-05-2019 International Cycle Gears Versus The Controller of Patents & Designs & Others High Court of Judicature at Calcutta
09-05-2019 C. Mahendra International Ltd Versus Naren Sheth & Another National Company Law Appellate Tribunal
03-05-2019 M/s. SBI Global Factors Ltd. & Another Versus Official Liquidator of M/s Minar International Limited High Court of Judicature at Bombay
02-05-2019 Gugulothu Alya Versus Seed Works International Pvt Ltd. & Another National Consumer Disputes Redressal Commission NCDRC
30-04-2019 Vijay Mohan, Sole Proprietor M/s. Agri Tech Versus M/s. Real Blue International Pvt. Ltd., Rep. by its Director Manoj Soman & Others High Court of Judicature at Madras
26-04-2019 Sumati Choraria & Another Versus M/s. Life Cell International (P) Ltd. West Bengal State Consumer Disputes Redressal Commission Kolkata
26-04-2019 Indostar Capital Versus Asst. Commissioner of Income Tax, (International Taxation) 2(2)(1) & Others High Court of Judicature at Bombay
24-04-2019 Immanuel Arasar International Institute of Science & Technology Educational Charitable Trust rep. by its Founder Trustee Sam G.Jebajoselin Versus The Regional Officer, Southern Regional Office, AICTE & Others High Court of Judicature at Madras
22-04-2019 Maars Software International Ltd. & Another Versus Union of India & Others Supreme Court of India
16-04-2019 Hotel Theni International, Rep. by its Managing Director Vinod Mathew Versus The Assistant Commissioner(CT), Commercial Tax Department, Theni-II Before the Madurai Bench of Madras High Court
12-04-2019 Director Of Income Tax International Taxation Versus M/s. Schlumberger Asia Services Ltd. High Court of Uttarakhand
09-04-2019 Joseph Santhosh Kottarathil Alexander & Others Versus The Superintendent of Customs (Aiu), Cochin International Airport, Nedumbassery, Kochi & Others High Court of Kerala
02-04-2019 M/s. Zoom International, Rep. by its Proprietrix, V.N. Usha Versus The Commissioner of Customs & Another High Court of Judicature at Madras
01-04-2019 Steel Authority of India Limited & Another Versus International Commerce Limited & Others High Court of Judicature at Calcutta