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The Delhi High Court today sought AirAsia India’s response in an application filed by BJP leader Subramanian Swamy seeking a direction to the Enforcement Directorate (ED) to submit its status report on the probe into the allegations of irregular FIPB clearance granted by the Central Government to AirAsia (India) Pvt. Limited.
The order was passed by a Division Bench of Chief Justice DN Patel and Justice C Hari Shankar.
Swamy argued that for his case, it was imperative that status report by the CBI as well as the ED in the case be brought on record.
Since the order passed by the Court on July 11 had only directed the CBI to submit its status report in a sealed cover, Swamy stated that he was constrained to move an application for the ED’ status report.
After briefly hearing Swamy, the Court directed AirAsia to file its response to the plea.
The Court added that the CBI status report which is in a sealed cover “may be looked into on the next date of hearing.“
The application is part of his petition challenging the FIPB clearance granted by the Centre to AirAsia (India) Pvt. Limited.
In his writ petition, Swamy has contended that the FIPB approval granted to AirAsia was in violation of FDI policy. Air Asia is a joint venture between the Malaysian company, AirAsia Investment Ltd., Tata Sons Ltd. and Telestra Tradeplace Private Limited. Swamy contends that the same is in violation of the FDI policy, as neither of the Indian companies is a domestic airline operator and FDI is not allowed in “greenfield” companies.
AirAsia was represented by Senior Advocate Rajiv Nayar.
The matter will be heard next on January 23.