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Delhi International Airport Pvt. Ltd. Vs. Union of India [04/12/14]

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[Civil Appeal No.10785 of 2014 @ Special Leaves Petition (Civil) No.22941 of 2014]. This appeal seeks to challenge the order dated 30.07.2014 passed by the High Court of Delhi in Writ Petition No.4274 of 2010 to the extent it directed the appellant to bear the cost for the bank guarantee furnished by the present Respondent No.5. The appellant and the Airport Authority of India entered into an Operation, Management and Development Agreement ("OMDA" for short) dated 04.04.2006 whereby the appellant, undertook inter alia, to perform the functions of the operation, management, development and design, upgradation, modernization, finance and management of the Indira Gandhi International Airport at Delhi and to perform Aeronautical Services and Non- Aeronautical Services. The appellant was given on lease the premises of the Airport for performing the obligations as mentioned in the OMDA. In pursuance of its business and operation at the Airport, the appellant entered into an agreement dated 09.11.2006 whereby licensees named therein were granted a licence to set up and operate duty free shops within the airport premises.

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