Airports Authority Of India v. Union Of India & ORS.

$~25 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 11363/2015 AIRPORTS AUTHORITY OF INDIA ..... Petitioner Through:

None.

versus UNION OF INDIA & ORS.

..... Respondents Through:

Mr. Gaurav Sarin and Ms. Abha Malhotra, Advocates for R-1.

Mr. Harpreet Singh, Senior Standing Counsel with Ms. Namrata Bharti, Advocate for R-2 & R-3.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE PRATHIBA M. SINGH

O R D E R

% 04.09.2017

1. Although counsel for the Petitioner was present in the first call, no one appeared for the Petitioner on the second call.

2. A preliminary objection raised by learned counsel for the Respondent was regarding the maintainability of the present writ petition, which challenges the final order dated 6th January, 2015 of the Custom Excise and Service Tax Appellate Tribunal ('CESTAT'). It is pointed out that the issue involved is one of classification. Consequently, the remedy of a statutory appeal is available to the Petitioner.

3. There is merit in the above preliminary objection. Accordingly, the present writ petition is not entertained. It will be open to the Petitioner to

seek appropriate legal remedies qua the impugned order of the CESTAT in accordance with law.

4. The writ petition is dismissed with the above observations. S. MURALIDHAR, J.

PRATHIBA M. SINGH, J.

SEPTEMBER 04, 2017 dk