M/S Shashi Travels & Tours Pvt.Ltd vs Union Of India & Ors on 2 July, 2012

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Patna High Court - Orders

M/S Shashi Travels & Tours Pvt.Ltd vs Union Of India & Ors on 2 July, 2012

Bench: V.N. Sinha

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.8965 of 2012
                 ======================================================
                 1. M/S Shashi Travels & Tours Pvt. Ltd. Through Its Director, Rabi Ranjan
                 Singh, Hotel Shashi International, Near Bhutan Temple, Mastalipur, Post:
                 Bodh Gaya, District: Gaya

                                                                       .... ....   Petitioner
                                                   Versus
                 1. Union Of India Through The Secretary, Ministry Of Civil Aviation, 'B'
                 Block Rajiv Gandhi Bhawan, Safdarjung Airport, New Delhi-1
                 2. The Chairman, Airport Authority Of India 'A' Block Rajiv Gandhi
                 Bhawan, Safdarjung Airport, New Delhi-1
                 3. The General Manager (Finance) Airport Authority Of India, Netaji
                 Subhash Chandra Bose International Airport, Kolkata-700052
                 4. The Sr. Manager/Agm (Commercial), Airport Authority Of India, Netaji
                 Subhash Chandra Bose International Aitport, Kolkata-52
                 5. The Airport Director, Airport Auhority Of India Gaya Airport, Gaya
                 6. The Sr. Manager (Fin) On Tour, Under Airport Director, Airport
                 Authority Of India, Gaya Airport, Gaya
                 7. The Chairman & Managing Director, Air India (A Brand Name Of
                 National Aviation Company Of India Ltd.), Air India Building, Nariman
                 Point, Mumbai-400048

                                                                .... .... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner    : Mr. Kumar Dhirendra Pratap Singh
                 For the Respondents :   None
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE V.N. SINHA
                 ORAL ORDER


2   02-07-2012

Heard learned counsel for the petitioner. None appears for the Union of India.

2. Petitioner- Travel Agency was appointed Ground Handling Agent at the Gaya Airport. It has challenged the demand of ` 5,22,093/ as outstanding dues on Ground Handling bill, which according to the authorities of the Airports Authority of India, is payable @ 13% of the GTO, but petitioner is paying the same @ 5% of the GTO.

2 Patna High Court CWJC No.8965 of 2012 (2) dt.02-07-2012

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3. It is submitted on behalf of the petitioner that in the light of the award of the Arbitrator, Annexure-8, the Ground Handling charges are to be paid @ 5% of the GTO, but ignoring the findings recorded in the award, the Airports Authority of India is insisting for payment @ 13% of the GTO as would appear from letters dated 14.1.2012 and 4.3.2012, Annexure-1 of the Authority which is wholly arbitrary and calls for interference by this Court. It is further submitted on behalf of the petitioner that in case this Court refuses to interfere in the matter, the authorization issued to the employees of the petitioner for entering the airport premises shall be cancelled and the petitioner may not be able to discharge duties as Ground Handling Agent.

4. For enforcing the award of the Arbitrator, Annexure-8, in my opinion, petitioner is required to move the competent Civil Court or to represent before the authorities of the Airports Authority of India.

5. With the aforesaid observation, the writ petition is dismissed.

(V.N. Sinha, J) Arjun/-

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Patna High Court - Orders