Airports Authority Of India v. Air Traffic Safety Electronics Personnel Association (India) & ANR.

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 8th February,2022 + LPA 288/2020 & CM APPLs.25065/2020 (interim directions), 25067/2020 (delay) AIRPORTS AUTHORITY OF INDIA ..... Appellant Through:

Mr. Digvijay Rai, Mr. Aman Yadav & Mr.Archit Mishra, Advocates versus AIR TRAFFIC SAFETY ELECTRONICS PERSONNEL ASSOCIATION (INDIA) & ANR.

..... Respondents Through:

Mr. S.M. Sundaram & Mr. K.V.

Balakrishnan, Advocates for R-1 Mr. Prakash Gautam, Advocate for R-2

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MS. JUSTICE JYOTI SINGH

JUDGMENT

D. N. PATEL, Chief Justice (Oral) Proceedings have been conducted through video conferencing. 1.

Being aggrieved and feeling dissatisfied by the interim order dated 25th August, 2020 passed by the Learned Single Judge in W.P.(C) 2011/2020, the original Respondent No.1 has preferred the present Letters Patent Appeal.

2.

We have heard learned counsels for the parties and looked into the facts and circumstances of the case. It is submitted by learned counsel for Respondent No.1 that the pleadings are complete in the writ petition before the Learned Single Judge and the petition is now listed on 15.02.2022. He further submits that Respondent No.2 has already preferred an application before the Learned Single Judge for modification of the interim order dated 25.08.2020, which is impugned in the present appeal. Since the petition is ripe for hearing, it is urged that no purpose will be served in keeping the appeal pending.

3.

Learned counsel for the Appellant agrees that the pleadings are complete in the writ petition but submits that since an interim order is operating against the Appellant, a direction be given to the Learned Single Judge for expediting the hearing in the writ petition. 4.

We agree with the learned counsel for Respondent No.1 that since the present appeal is only against an interim order and the pleadings are now complete in the writ petition, no purpose will be served in keeping the present appeal pending. Needless to state that the judgment of the Learned Single Judge will, in any case, give rise to a fresh cause of action and parties will have their remedies in law.

5.

We, therefore, dispose of the appeal and request the learned Single Judge to expedite the hearing of W.P.(C) No. 2011/2020. 6.

Learned counsels for the parties submit that they shall cooperate so that the writ petition can be disposed of at the earliest and shall not seek any unnecessary adjournment. We make it clear that this Court has not expressed any opinion on the merits of the case.

7.

With the aforesaid observations, the present Letters Patent Appeal is hereby disposed of along with pending applications. CHIEF JUSTICE JYOTI SINGH, J FEBRUARY 8, 2022 ns