1 AP12/09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.12 OF 2009 M/s Kingfisher Airlines Ltd. ...Petitioners v/s Airports Authority of India ...Respondents Mr Birendra Saraf with Ms Prachiti Garda i/b M/s ALMT Legal for Petitioners. Mr Girish Kulkarni with Mr Himanshu Kode i/b M/s The Law Point for Respondents. CORAM : D.K. DESHMUKH J. DATE : 25TH MARCH 2011. 2 AP12/09 P.C. :- 1] By this petition, the petitioners challenge the award made by the Arbitrator holding that increase in the licence fee is in terms of the agreement and it is not unreasonable. There is no dispute that the term of the agreement permits the respondents to increase the licence fee and there is no ceiling. According to the petitioners, the Arbitrator should have held that the increase is unreasonable because at Santacruz Airport lower rates are applicable. In my opinion, parking facility at Santacruz Airport and the parking facility at Juhu Airport are in different class, they are not be comparable. In this situation, therefore, as the Arbitrator has rightly held that the increase is in accordance with the contract, no interference is called for. It is to be seen that there is a duty cast by the Arbitration Act on the Arbitrator to make the award as per the provisions of the contract. No exception can be taken to the award. Petition is rejected. 3 AP12/09 Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH )