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2021 Supreme(Del) 23

C.HARI SHANKAR
Delhi International Airport Limited – Appellant
Versus
Airport Authority of India – Respondent


Advocate Appeared:
For the Appellant :Dr. A.M. Singhvi, Manoj K. Singh, Vijay K. Singh, Ssahel Sood, Raghav Shelchar, Rahul Chopra, Advocates.
For the Respondents:Tushar Mehta, Solicitor General, Raghav Shankar, Karan Lahiri, Arshiya Sharda, Prateek Arora, Sailender Reddy, Advocates.

JUDGMENT :

(Video-Conferencing)

1. Though I had mooted a suggestion that the present petition, having been heard in extenso through eminent learned Senior Counsel, including the learned Solicitor General of India, could be finally disposed of, there was no consensus ad idem between the parties on my suggestion. Accordingly, this order is restricted to the issue of grant of ad interim relief.

2. This order, accordingly, adjudicates prayer (vii) in the present petition, which seeks issuance of ad interim orders in terms of prayers (i) to (vi). Notice is, accordingly, separately being issued in the OMP.

3. Dr. Singhvi, learned Senior Counsel for the petitioner-Delhi International Airport Limited (hereinafter referred to as “DIAL”), submits that the issue in controversy is squarely covered by my earlier judgment in Mumbai International Airport Limited v. Airport Authority of India1 (hereinafter referred to as “MIAL”) and that, therefore, the petitioner is clearly entitled to interim relief.

4. Mr. Tushar Mehta, learned Solicitor General appearing for the Airport Authority of India (hereinafter referred to as “AAI”), submits, per contra, that there are clear factors which distinguish the pre

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