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2015 Supreme(Del) 828

VIBHU BAKHRU
Saptagiri Restaurant – Appellant
Versus
Airports Authority of India – Respondent


Advocate Appeared:
For the Petitioner:J.K. Mittal, Rajveer Singh, Advocates.
For the Respondent:Anjana Gosain, Pradeep Desodya, Advocates.

Judgment

VIBHU BAKHRU, J.

1. The petitioner impugns a notice dated 10.04.2014 (hereafter ‘impugned notice’) issued by the respondent (hereafter ‘AAI’) terminating the licenses granted to the petitioner for operation of snack bar counters in the Security Hold Area (East and West Wing) of the New Domestic Terminal at Chennai Airport. By the impugned notice, the petitioner has been called upon to hand over the peaceful and vacant possession of the snack bars being operated by the petitioner under license from AAI.

2. The petitioner contended that its licenses for running snack bar counters at the New Domestic Terminal at Chennai Airport, were for a fixed term expiring on 18.12.2016 and, therefore, could not be revoked or terminated prior to the expiry of the fixed term. The petitioner contended that in terms of the initial agreement, AAI was entitled to terminate the license by giving 180 days notice. However, the said agreement was novated and, by a letter dated 28.01.2013, AAI stipulated new terms which did not reserve AAI a right to terminate the license prior to its expiry on 18.12.2016.

3. It was contended on behalf of AAI that the license granted to the petitioner was “co-terminus”































































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