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2021 Supreme(Cal) 54

SABYASACHI BHATTACHARYYA
Airports Authority of India – Appellant
Versus
J. P. Aviation Services Private Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Probal Mukherjee, Mr. Suhrid Sur
For the Opposite Party : Mr. S. N. Mookherjee, Mr. Meghajit Mukherjee, Mr. Shatadru Chakraborty, Mr. Ramendu Agarwal

JUDGMENT :

Sabyasachi Bhattacharyya, J.

1. The present application under Article 227 of the Constitution of India has been filed against an appellate court’s order rejecting an application filed by the petitioner for stay of operation of the ad interim injunction order passed by the trial court restraining the defendant no. 1/petitioner and other defendants from invoking or encashing a bank guarantee issued by the UCO Bank, Dumdum Nagerbazar Branch (proforma opposite party no. 2) at the behest of the petitioner as also pursuing with the claim of occupational charges, against which the miscellaneous appeal itself had been filed.

2. The plaint case of the plaintiff/opposite party no. 1 is that the plaintiff used to provide ground handling service for certain Airlines in connection with the business of cargo handling, airport ground service and/or logistics related to airport activities run by the defendant no. 1/petitioner. The service was subsequently discontinued on the basis of a decision taken by the petitioner-Authority, pursuant to which the plaintiff/opposite party no. 1 removed its equipment from the airport and stopped providing any service from May 1, 2020.

3. As per agreement,

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