M/S ROOTS INDUSTRIES INDIA LTD. Vs. M/S AIRPORTS AUTHORITY OF INDIA & ORS.

Supreme Court of India (Full Bench (FB)- Three Judge)

Appeal (Civil), 16939 of 2015, Judgment Date: Aug 19, 2015

                                                              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.

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 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.