Federation Of Indian Airlines v. M/S. Bhadra International

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.07.2023 CORAM :

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE P. B.BALAJI M.P.No.1 to 6 of 2015 and W.A.No.1481 of 2015 Federation of Indian Airlines, rep. by its Associate Director Mr. Ujjwal Dey, Old Vayudoot Building, first floor, Room No.105, Air India Complex, Safdajung Jung Airport, Aurobindo Marg, New Delhi 110003.

... Appellant Vs.

1. Bhadra International (India) P. Ltd., Rep. by its Director Mr.Prem Bajaj,

2. M/s Novia International Consulting APS, Rep. by its Resident rep., Mr.Pederson Ingolf, Chennai International Airport, Meenambakkam, Chennai 600 027.

3. Tie Up between Bhadra International India P.Ltd. and Novia International Consulting Aps,

4. Airports Authority of India Rep. by Executive Director (Commercial), R.G.Bhavan, Safdarjung Airport, New Delhi 110003.

5. The Airport Director, Airports Authority of India, Chennai Airport, Chennai 600 027.

6. The Regional Executive Director, Southern Region, Airports Authority of India, Chennai Airport, Chennai 600 027.

7. The Government of India, the Ministry of Civil Aviation, New Delhi.

R7 impleaded as party respondent vide order dated 16.12.2015 made in W.A.No.1481/2015 & M.P.Nos.1 to 6/2015 ... Respondents In W.P.No.10659 of 2014 M/s Cambata Aviation Pvt. Ltd., Cambata Building, 5th floor (East Wing), M.K.Road, Churchgate, Mumbai 400 020 having regional office at 12A/14, II floor, Departure, Anna International Terminal, Chennai International Airport, Chennai 600 027.

rep. byits Airport Services Manager ... Petitioner Vs.

Airport Authority of India, having office at A.T.S.Complex, Chennai Airport, Chennai 600 027.

rep. by its Airport Director.

... Respondent Prayer in W.A.No.1481/2018: Writ Appeal filed under Section 15 of Letters Patent to set aside the order passed by this Court in W.P.No.22407 of 2015 dated 24.07.2015.

Prayer in W.P.No.10659 of 2014: Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Certiorarified Mandamus, calling for the records relating to communication of the respondent in Ref.No.AAM/C.2114/2012/Vol.V/1256-61 dated 26.03.2014 and quash the same and consequently forbear the respondent from interfering with the functioning of the petitioner as a Ground Handling service provider at Chennai Airport.

In writ appeal No.1481/2015 For Appellant : Mr.P.Giridharan Dominic S.David For Respondents : Mr.Vijayakumar for R1 to R3 Mr.R.Parthiban for R4 to R6 Mr.K..Jeyaganeshan, Special Panel Counsel for R7

In W.P.No.10659 of 2014 For Petitioner : Mr.Niranjan Rajagopalan For Respondent : Mr.R.Parthiban COMMON ORDER (Order of the Court was delivered by D.KRISHNAKUMAR, J.) Today, when the matters were listed for hearing, the learned counsel for the appellant in W.A.No.1481 of 2015 brought the notice of this Court to the order passed by the Hon'ble Supreme Court in Special Leave Petition (Civil) No.7764/2011 dated 29.07.2019 and submitted that, inview of the above said order passed by the Hon'ble Supreme Court, the prayer sought for in the Writ Appeal has become infructuous and hence nothing survives for further adjudication. He has also placed the above said order before this Court.

2. The learned counsel for the petitioner in W.P.No.10659 of 2014 also submitted that, inview of the afore said order passed by the Hon'ble Supreme Court of India in SLP (Civil) No.764/2011 dated, 29.07.2019, the

prayer sought for in the writ petition has become infructuous and hence, nothing survives for further adjudication.

3. Recording the submission made by the learned counsel for the appellant in W.A.No.1481 of 2015 an the learned counsel for the petitioner in W.P.No.10659 of 2014, the Writ Appeal No.1481 of 2015 and the W.P.No.10659 of 2014 are dismissed as infructous. No costs. Consequently, connected miscellaneous petitions are closed. (D.K.K.J.) (P.B.B.J.) 06.07.2023 Internet: Yes/No Index : Yes/No mst To

1. Bhadra International (India) P. Ltd., Rep. by its Director Mr.Prem Bajaj,

2. M/s Novia International Consulting APS, Rep. by its Resident rep.,

Mr.Pederson Ingolf, Chennai International Airport, Meenambakkam, Chennai 600 027.

3. Tie Up between Bhadra International India P.Ltd. and Novia International Consulting Aps,

4. Airports Authority of India Rep. by Executive Director (Commercial), R.G.Bhavan, Safdarjung Airport, New Delhi 110003.

5. The Airport Director, Airports Authority of India, Chennai Airport, Chennai 600 027.

6. The Regional Executive Director, Southern Region, Airports Authority of India, Chennai Airport, Chennai 600 027.

7. The Government of India, the Ministry of Civil Aviation, New Delhi.

8. The Airport Director, Airport Authority of India, having office at A.T.S.Complex, Chennai Airport, Chennai 600 027.

D.KRISHNAKUMAR, J.

and P. B.BALAJI , J.

mst 06.07.2023