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Judgment
Heard learned counsels for the parties in respect of M.A Nos. 491 and 494 of 2021 filed by FIA seeking impleadment in the concerned appeals and also M.A. Nos. 511 and 512 of 2021 filed by IATA seeking similar impleadment in the appeals.
Learned senior counsels appearing for the appellants have objected to the prayer for impleadment mainly on the ground that for the purpose of hearing of the present appeals, the two applicants are not necessary parties or even proper parties because there is no issue which may affect them adversly. It has also been contended that the applicants are not stakeholders for the purpose of hearing an appeal under the AERA Act although they may be afforded hearing by AERA in the exercise of fixation of tariff.
On the other hand, learned counsels appearing for the applicants have relied upon several orders of this Tribunal passed in favour of FIA to press for impleadment.
Mr. Buddy Ranganadhan has also placed for consideration some judgments of the Apex Court including (2002) 8 SCC 715 and (2015) 8 SCC 519. It is not deemed necessary to go into the details of case laws because in the past this Tribunal has permitted similar prayer for impleadment by Association of Airlines in deference to principle of natural justice which are required to be observed during framing of tariff under the relevant provisions of AERA Act.
It would not be proper to limit the right of hearing only because present appeals raise limited issue. It would not be even proper to pre judge the fall out of the issues which arise in these appeals.
It is just noted that interpretation of a judgment of this Tribunal passed earlier in case of Delhi International Airport Ltd. is definitely involved and while passing that order FIA was heard as a party.
In the facts and circumstances of the case, the prayer for impleadment made through the MAs under consideration is allowed. M.A Nos. 491, 494 of 2021, 511 and 512 of 2021 are disposed of. Amended memo of parties should be filed within two weeks.
There is a consensus that instead of hearing the parties once on interim arrangement and then on merits, it would be better to hear the appeals finally on merits at an early date.
The appeals are admitted for hearing.
In that view of the matter, the newly added respondents should be served with copy of the memo of appeal by tomorrow. They are given three weeks' time to file reply/short reply. AERA and other respondents may also file reply or supplementary reply within the same time of three weeks. Rejoinder, if required, may be filed within one week thereafter.
All the parties who want to make oral submissions must file written notes of submission and should exchange with other parties one week before the next date.
Let the matter be listed under the head "for hearing" on 8.2.2022 as a first case, subject to part heard, if any.
Interim order to continue till the next date.