The Bombay High Court on Wednesday vacated its earlier interim order that had restrained the Mumbai International Airport Limited (MIAL) from finalising tenders to appoint a new ground and bridge handling service provider following the termination of Turkish company Celebi’s contract.
Justice Somasekhar Sundaresan, while delivering the ruling, stated that continuing the interim protection granted to Celebi in May was no longer tenable, especially after the Delhi High Court earlier this month dismissed a similar plea filed by the company regarding its contract at Delhi airport and the revocation of its 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 observed.
The court further noted that following the revocation of Celebi’s security clearance, all its employees and equipment at Mumbai airport have been transferred under the control of Indo Thai Airport Services Ltd, which has since taken over the ground handling and bridge-mounted equipment services.
“The petitioner firm has lost all physical access to the airport,” the bench remarked, effectively ending Celebi’s operational presence at the Chhatrapati Shivaji Maharaj International Airport.
The ruling comes in the backdrop of heightened scrutiny over Turkish interests in India following Turkiye’s open support to Pakistan during India’s ‘Operation Sindoor’. Citing national security concerns, the Bureau of Civil Aviation Security (BCAS), under the Ministry of Civil Aviation, revoked Celebi Airport Services India’s security clearance earlier this year.
In response, Celebi filed petitions in the Bombay High Court challenging both the revocation of its security clearance and the termination of its agreements with MIAL. It also sought interim relief to block MIAL from finalising fresh tenders, which were floated on May 17. That interim relief was initially granted by a vacation bench on May 26.
However, the Delhi High Court’s ruling earlier this month dismissing Celebi’s plea on similar grounds significantly weakened the Turkish firm’s case. The Delhi HC noted “compelling national security considerations” and “impelling geo-political factors” that justified the Centre’s decision to revoke the clearance.
The Bombay High Court acknowledged that conciliation proceedings between Celebi and MIAL are ongoing as per contractual obligations and disposed of the petitions accordingly.
A separate division bench of the Bombay High Court is expected to hear Celebi’s primary petition challenging the BCAS decision on Thursday.
Celebi, which holds a 59% stake in Celebi Nas Airport Services India Pvt Ltd, has maintained that the cancellation of its security clearance and termination of its contracts were arbitrary and politically motivated.
