MUTHOOT SKYCHEF Vs. SENIOR MANAGER

JUDGEMENT

(1.) Enhancement of the licence fee (labelled as 'royalty') payable by the In-flight caterers like the petitioner as per Ext. P3 (leading to Exts. P10/P10(a) in view of the non-satisfaction of due amount), is the subject matter of challenge in this writ petition. An interim order of stay stands granted, in view of the interim order passed by a Division Bench of this Court in W.A. 958 of 2009, intercepting the direction in W.P(C) No. 11468 of 2009, to satisfy 50 % of the dues.

(2.) As mentioned above,the challenge was mainly against the exorbitant rate of enhancement and the retrospective enforcement. Based on the minutes of the meeting of the Advisory Board constituted as per the provisions of the Statute, the rate was later substantially scaled down, also taking away the retrospective operation and making the enhancement only prospective. A copy of the relevant order was produced before the Division Bench, based on which,WP (C) 11468/2009 itself was disposed of as per judgment dated 18.08.2011 (to which I was also a member), holding that no further orders were called for. Whether anything subsists to be considered further in this writ petition, is the remaining question.

(3.) The petitioner Company is stated as engaged in the business of providing catering facility in flights and is having operations presently in the Trivandrum International Airport.