M/S ROOTS INDUSTRIES INDIA LTD. Vs M/S AIRPORTS AUTHORITY OF INDIA .
Bench: ANIL R. DAVE,KURIAN JOSEPH,ADARSH KUMAR GOEL
Case number: C.A. No.-006521-006521 / 2015
Diary number: 19067 / 2015
Advocates: SURESHAN P. Vs
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2015 (Arising out of SLP(C) No.16939 of 2015)
M/S. ROOTS INDUSTRIES INDIA LTD. ... APPELLANT(S)
VS.
M/S. AIRPORTS AUTHORITY OF INDIA & ORS. ... RESPONDENT(S)
J U D G M E N T
ANIL R. DAVE, J.
1. Leave granted.
2. Upon hearing the learned counsel and upon perusal of
the original file, we are of the view that the writ
petition is to be remitted to the High Court for
consideration on merits.
3. In the circumstances, we set aside the impugned order
passed by the High Court and remit the matter to the High
Court so that the High Court can look into the issues and
take decision afresh on merits, as the High Court had not
gone into the merits of the case.
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4. We hope that the High Court shall take final decision
in the matter as soon as possible, preferably within one
month from today. No notice be issued to the parties by
the High Court, as the parties are aware of the
proceedings which were pending in the High Court. It
would be open to the High Court to pass appropriate
interim/final order after hearing the parties and perusal
of the record.
5. The parties shall appear before the High Court on
31st August, 2015. The respondent shall file counter
affidavit within one week from the date of receipt of
this order and rejoinder thereto shall be filed within
one week thereafter.
6. In the meantime, the interim order passed by this
Court on 8th July, 2015 shall continue. However, subject
to the outcome of the writ petition, payment shall be
made for the trolleys which have already been supplied as
ordered by this Court on 3rd August, 2015.
7. The appeal is, accordingly, disposed of as above with
no order as to costs. Pending applications also stand
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disposed of. We make it clear that we have not expressed
any opinion on the merits of the matter.
8. Intimation of this order be sent to the High Court
forthwith.
....................J. [ANIL R. DAVE]
....................J. [KURIAN JOSEPH]
....................J. [ADARSH KUMAR GOEL]
New Delhi; August 19, 2015.
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