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Judgment
This application has been preferred by Federation of Indian Airlines(FIA) for impleadment as party - respondent. Having heard the counsels appearing for both the sides and looking to the facts and circumstances of the case, it appears that this appellant has challenged an order passed by the respondent - Airports Economic Regulatory Authority of India(AERA) dated 31.8.2021 for the IIIrd control period i.e. 1.4.2021 till 31.3.2026 (Annexure A-1 to the memo of this appeal). This order has been passed by the respondent. Looking to the controvercy involved in this appeal, it appears that there are allegations by this appellant about the interpretation of the aeronotical charges and about the non-aeronotical charges.
At this stage, we are not entering into the merits and demerits of the appeal but suffice to say that if appellant succeeds in this appeal, this applicant who has preferred MA No. 492 of 2021 is going to be affected. The applicant who has preferred an application for impleadment as a party respondent is vitally interested in the outcome of the present appeal.
Even otherwise also by joining this applicant as party respondent no. 2, it will fecilitate this Tribunal in arriving at the correct decision about the dispute between this appellant and the order passed by the Authority (Annexure A-1 to the memo of this appeal).
We, therefore, allow this M.A. This applicant, namely, viz. Federation of Indian Airlines(FIA) is permitted to join as party respondent no. 2. Amended memo of parties shall be supplied.
Newly joined party - FIA is permitted to file the written submissions and they are permitted to assist this Tribunal at the time of final hearing of this Aera Appeal No. 4 of 2021.
Counsel appearing for the appellant in this AERA appeal submitted that FIA has no legal right or interest in the litigation preferred by this appellant and they have got only economic interest and they are not a stake holder. We are not accepting this contention of the appellant for joining FIA as a party respondent.
On the contrary, if this appeal is allowed, FIA is vitally interested in the outcome of this AERA appeal. Hence, they are permitted to join as a party respondent no.2. MA is allowed and disposed of.
This AERA appeal shall be listed under the heading "for hearing" on 2.9.2022. Counsel appearing for the appellant and respondents are permitted to file their written submissions.