Jammu & Kashmir High Court – Srinagar Bench
M/S Saptagiri Restaurant Private … vs Airport Authority Of India & Ors on 23 December, 2024
Author: Rajnesh Oswal
Bench: Rajnesh Oswal
Serial No. 55
Regular List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
LPA 316/2024
In FAO 13/2024
CM(7302/2024)
M/S Saptagiri Restaurant Private Limited ... Appellant(s)
Through: Mr. Anil Bhan, Senior Advocate with
Mr. Danish Majid, Advocate.
Vs.
Airport Authority of India & Ors ...Respondent(s)
Through: Mr. Sunil Sethi, Senior Advocate with
Mr. Parimoksh Seth, Advocate.
CORAM:
HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE.
HON'BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE.
ORDER
23.12.2024
01. Without commenting upon the maintainability of the present
appeal particularly in view of the submissions made by Mr. Sunil Sethi,
learned senior counsel appearing on behalf of the respondents, we have
heard the learned counsel for the parties and perused the record.
02. Perusal of the order impugned dated 11.10.2024 reveals that
after taking note of the assertions made by the respondents that the order
dated 22.07.2024 was passed on the statement made by an officer, who
was incompetent to do so, particularly in view of the fact that the order
dated 20.12.2023 was issued by the higher Authority.
03. The learned Single Judge vide order dated 11.10.2024
allowed the application filed by the respondents for recalling of order
dated 22.07.2024. The practical effect of the recalling of order dated
22.07.2024, is the revival of not only the appeal preferred by the
respondents, but also the suit which came to be disposed of by the learned
Single Judge vide order dated 22.07.2024. After having gone through the
order passed by the learned Single Bench, we do not find any infirmity in
the same.
04. Once the suit and the appeal arising out of the interim order,
which was subject matter of the appeal get revived, the appellants cannot
claim to have been prejudiced by the order dated 11.10.2024.
05. In view of the above, we do not find any reason to show any
indulgence. Needless to say that the rights of the appellants stand already
protected by the order passed by the learned Trial Court, which is subject
matter of the appeal.
06. Accordingly, we dispose of the present Intra Court appeal
with the aforementioned observations.
(MOHD YOUSUF WANI) (RAJNESH OSWAL)
JUDGE JUDGE
SRINAGAR:
23.12.2024
"HAMID"
Abdul Hamid Bhat
I attest to the accuracy and
authenticity of this document
26.12.24