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Showing contexts for: aai in Mumbai International Airport P.Ltd vs M/S Golden Chariot Airport & Anr on 22 September, 2010Matching Fragments
7. Instead of doing so, the contesting respondent filed, on 15.5.2000, a suit in the Bombay City Civil Court being suit No. 3050/2000, praying for canceling the notice dated 4.5.2000 and for permanent injunction restraining AAI from evicting, demolishing, or removing the restaurant premises of the contesting respondent without adopting the due process of law. In the said suit, the contesting respondent prayed for a declaration that the AAI has granted an irrevocable licence and AAI has no right to terminate, cancel or revoke the licence. The exact prayer to the aforesaid effect is as under:
19. On 4.04.06, MIA entered into an Operation, Management and Development Agreement (OMDA) whereby AAI granted MIA the exclusive right and authority (for 30 years commencing from 3.05.06) to undertake some of the functions of the AAI such as operation, maintenance, development, design, construction, upgradation, modernization, finance and management of the Mumbai Airport.
20. Pursuant to the OMDA, AAI entered into a Lease Agreement dated 26.04.06, by which most of the immovable properties of AAI at the Mumbai Airport, including the licensed premises, were leased to the MIA.
43. The power of the AAI to enter into contracts has been conferred under Section 20 read with Section 21 of AAI Act. As per Section 20, the AAI is competent to enter into contracts (subject to the provisions of Section 21) which may be necessary to discharge its functions under the AAI Act.
44. Section 21 of AAI Act lays down the mode of executing contracts on behalf of AAI. The Section requires that every contract on behalf of AAI is to be made by the Chairperson or any other member/officer who has been empowered to do so. Further, the contracts, which have been specified in the Regulations, have to be sealed with the common seal of AAI.
47. The said Regulations specify that contracts by AAI are required to be sealed with the common seal of AAI. They further provide that contracts are to be made with the previous approval of the Central Government and AAI.
48. Regulation 3(2) also state that all contracts shall be finalized by the execution of a Deed of Agreement, Deed of Licence, Indenture or like instrument, duly signed by AAI and the party concerned, and the said instruments or deeds are to be executed on non-judicial paper of appropriate stamp value when necessary.