Disposed

M/S Aerospace Technical Services v. Airport Authority of India and Ors.

Bombay HC16 Jan 2017WP/858/2017

Case brief

AI extract

What is this about?

This court disposed of an appeal challenging an eviction order. Due to the vacancy of the Airports Appellate Tribunal Chairperson, the court extended interim relief from a lower writ order to enable the appellant to approach the Tribunal. No merits were adjudicated.

What did the court decide?

Order extending eviction stay from a Single Judge judgment until the Airports Appellate Tribunal functions, with no merits adjudicated.

M/S Aerospace Technical Services Vs Airport… — Civil Procedure and Limitation | Bombay HC (2017)

wpst-1276.17

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION ST. NO.1276 OF 2017

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M/s. Aerospace Technical Services. .. Petitioner Vs Airport Authority of India and Others. .. Respondents

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Ms. Purvi Shah along with Shri Ashok Yadav for the Petitioner. Ms. Kavita Anchan i/b M/s. M.V.Kini & Co for the Respondent Nos.1 to 3.

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CORAM : A.S. OKA & SMT.ANUJA PRABHUDESSAI, JJ

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DATED : 16TH JANUARY 2017

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P.C.

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Not on board. Taken on board.

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Heard learned counsel appearing for the Petitioner and the learned counsel appearing for the Respondent Nos.1 to 3.

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Against the order of eviction, the Petitioner has preferred

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an Appeal before the Airports Appellate Tribunal. Admittedly, the post of Chairperson of the said Tribunal is vacant and in the month of October 2016, the process has been commenced by the Government of India for filling up the said post. Our attention is invited to the order dated 5^th January 2017 passed by the learned Single Judge in Writ Petition Stamp No.35767 of 2016. It is not in dispute that the Petitioner

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2 wpst-1276.17

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has been already dispossessed and the possession of the premises in question is with the first Respondent. By the aforesaid order, the learned Single Judge has directed that till 16^th January 2017, the first Respondent should not deal with the premises in question in any manner.

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As the Airport Appellate Tribunal is not available, the Petitioner will have to be protected for a reasonable time.

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Accordingly, we dispose of the Petition by passing the following order:

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ORDER :

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(a) The order dated 5^th January 2017 passed by the learned Single Judge in Writ Petition Stamp No.35767 of 2016 shall continue to operate till the date on which the Chairperson of the Airports Appellate Tribunal assumes charge of his post and for a period of one month thereafter. This direction is passed to enable the Petitioner to move the Airport Appellate Tribunal for seeking appropriate interim relief.

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(b) We make it clear that no adjudication is made on merits and the Airports Appellate Tribunal will decide the prayer for interim relief and/or ad-interim relief without being influenced by the orders passed by this Court in Writ Petition Stamp No.35767 of 2016 as well as in this Petition

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(d) The Petition is disposed of on above terms;

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(e) All concerned to act upon an authenticated copy of this order.

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(SMT.ANUJA PRABHUDESSAI, J) ( A.S. OKA, J )

M/S Aerospace Technical Services v. Airport Authority of India and Ors.

Case brief

What is this about?

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M/S Aerospace Technical Services v. Airport Authority of India and Ors.

Case brief

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What did the court decide?

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