"We want to have advantage of High Court judgement," the bench said while giving him liberty to file the public interest litigation (PIL) in the High Court.

Swamy told the court that he was not challenging the policy but questioning the action which has been taken by the government under the policy.

Malaysia's largest budget carrier AirAsia has set up a joint venture with the Tata Group and Telestra Tradeplace to launch the regional airline in India.

AirAsia India will be based in Chennai in which the Malaysian carrier will hold a 49 percent stake. Initially, AirAsia plans to invest USD 30 million in the company.


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