A bench of Justices Hima Kohli and Rekha Palli asked the Directorate General of Civil Aviation (DGCA) to prepare an affidavit of the three private carriers who have been asked by DIAL to partially shift their operations from T-1 to T-2.
It also directed the civil aviation regulator to produce before it the relevant records on January 18.
Senior advocate Mukul Rohtagi, appearing for IndiGo, also contended that the single judge passed the order on the basis of information given by the Delhi International Airport Ltd (DIAL) that they flew 16.1 million passengers per annum (mppa) between April 2016 till March 2017.
"We have flown only 14.62 mppa for the year concerned. 16.1 mppa reflects the capacity of the airlines and not the passengers," Rohtagi argued. He also contended that 14.62 mppa was not beyond the capacity of the T-1.
More From This Section
The IndiGo counsel contended that the decision would cause "complete confusion and inconvenience" to passengers and virtually have the effect of destroying its business.
In view of the operational capacity of T-2, both GoAir and Spicejet, keeping in view their traffic load and operations as per data provided by DIAL, could be accommodated there and Indigo could continue operating from T-1.
Senior advocate Rajiv Nayar, appearing for DIAL, rubbished IndiGo's claims and said there was no error in the single judge's order.
"IndiGo has already crossed 12.5 mppa by December 2017 and by end of the financial year on March 31, 2018, it would cross 18 mppa," Nayar submitted.
To this, the bench said, "We need to get the details of the passengers who travelled till December 31, 2017 from the DGCA."
IndiGo has challenged the single judge's ruling that there was no illegality in DIAL's order to order partial shifting of its operations, along with that of SpiceJet and GoAir, from T-1 to T-2 of the Indira Gandhi International Airport here.
DIAL on October 21 last year had asked the three airlines to shift their flights to and from Delhi to Mumbai, Kolkata and Bengaluru, to T-2 from January 4, 2018.
While upholding DIAL's decision, the single judge had given the airlines time till February 15 to partially shift their operations.