Borjhar Tourist Cab Association and Anr. v. the Airports Authority of India and 4 Ors.

Gauhati HC4 Feb 2019WP(C)/536/2019

Case brief

AI extract

What is this about?

This petition sought to quash the cancellation of a pre-paid taxi licence by the Airport Authority. The High Court held that since the petitioner invoked arbitration under Section 9 and a prior order referred the dispute to arbitration, the writ petition was closed.

What did the court decide?

Writ petition closed; no further proceedings continue.

Borjhar Tourist Cab Association and Anr. Vs… — Civil Procedure and Limitation | Gauhati HC (2019)

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GAHC010017112019

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C) 536/2019

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1:BORJHAR TOURIST CAB ASSOCIATION AND ANR.

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A SOCIETY REGISTERED UNDER THE SOCIETIES ACT, 1860 HAVING ITS REGISTERED OFFICE AT VILL- KAHIKUCHI, P.O. AZARA, GUWAHATI781015, DIST.KAMRUP (M), REP. BY ITS SECRETRY, SHRI DIPAK BARUAH.

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2: SHRI DIPAK BARUAH S/O JOGESH CHANDRA BARUAH

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R/O VILL- GARAL (KUHABARI) P.S. AZARA DIST. KAMRUP (M) PIN - 781015

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VERSUS

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1:THE AIRPORTS AUTHORITY OF INDIA AND 4 ORS.

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RAJIV GANDHI BHAWAN, SAFDARJUNG AIRPORT, NEW DELHI-110003, REP. BY ITS CHAIRMAN.

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2:THE AIRPORT DIRECTOR LOKPRIYA GOPINATH BORDOLOI INTERNATIONAL AIRPORT GUWAHATI- 781015

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ASSAM.

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3:THE MANAGER (COMMERCIAL) LGBI AIRPORT GUWAHATI - 781015 ASSAM

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4:THE ASSISTANT GENERAL MANAGER (COMMERCIAL)

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LGBI AIRPORT GUWAHATI - 781015 ASSAM

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5:THE DISPUTE RESOLUTION COMMITTEE REP. BY ITS CHAIRMAN (THE AIRPORT DIRECTOR) LOKPRIYA GOPINATH BORDOLOI INTERNATIONAL AIRPORT GUWAHATI - 781015 ASSA

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Advocate for the Petitioner : MR. P N GOSWAMI

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Advocate for the Respondent : SC, A A I

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BEFORE

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HONOURABLE MR. JUSTICE UJJAL BHUYAN

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ORDER

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Date : 04-02-2019

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Heard Mr K P Pathak, learned counsel for the petitioners and Mr R Dubey, learned Standing Counsel, Airports Authority of India (AAI).

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By filing this petition under Article 226 of the Constitution of India, petitioners seek quashing of order dated 23.01.2019, passed by the Manager (Commercial), Lokapriya Gopinath Bordoloi International (LGBI) Airport, whereby the licence granted to petitioner No. 1 for operating pre-paid taxi-service has been cancelled.

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On the previous occasion, i.e., on 28.01.2019, it was submitted before the Court that petitioners had already filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 before the Court of District Judge, Kamrup (Metro), which was listed for consideration on 31.01.2019. Thereafter, the present writ petition was directed to be listed today.

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When the matter is called upon, Mr Pathak submits that because of holiday on 31.01.2019 the matter could not be taken up by the Court of District Judge.

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Be that as it may, since petitioner has invoked the statutory remedy of filing petition under Section 9 of the Arbitration and Conciliation Act, 1996, parallel proceeding in the form of a writ petition may not be justified.

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That apart, it is submitted that in so far dispute between the parties is concerned, this Court has

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referred the same to arbitration vide order dated 01.02.2019, passed in Arbitration Petition No. 31 of 2018.

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In that view of the matter, Court is not inclined to continue with the present proceeding since grievance of the petitioners would be covered under the aforesaid provisions.

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Writ petition is accordingly closed.

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Comparing Assistant

Borjhar Tourist Cab Association and Anr. v. the Airports Authority of India and 4 Ors.

Case brief

What is this about?

What did the court decide?

Borjhar Tourist Cab Association and Anr. v. the Airports Authority of India and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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