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Judgment
T. Amarnath Goud, J
Heard learned counsel appearing for both parties.
The only point involved in this instant appeal according to Mr.P.Gautam, learned counsel appearing for the appellant is that the appellant is ready to make the payments that are due according to the respondents herein and the said amount would be paid to the respondents on receipt of the two consignments i.e. ‘permit/transit pass’ which according to the appellant has not been furnished by the respondents. Once the said 'permit/transit pass' is furnished, immediately, the appellant would make the payment. Because of the non-furnishing of the ‘permit/transit pass,' the Airport Authority has not cleared the total bills in favour of the appellant.
Mr. P. Roy Barman, learned Sr. counsel assisted by Mr. S. Bhattacharjee, learned counsel appearing for the respondents No.1 & 2 denies the said statement made by Mr. P. Gautam, learned counsel appearing for the appellant and submits that the Airport Authority has released all the bills and there is no pending amount to be paid to the appellant. The appellant has not instructed his counsel Mr. P. Gautam, learned counsel with the correct facts.
In view of the submission made by the learned counsel appearing for the appellant that once the ‘permit/transit pass’ is received by the appellant he shall immediately make the payment, the learned Sr. counsel appearing for the respondents seeks time for obtaining the copy of the same and to furnish it to the appellant-counsel to put an end to disputed question of facts on the said service/non-service of the 'permit/transit pass’.
List the matter on 11.11.2022.