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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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