IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION No. 73 OF 2009 IN WRIT PETITION No. 2430 OF 1996. Dilip Madhusudan Ranadeive and Anr ..Petitioners Vs. Airports Authority of India and Ors. ..Respondents. Mr R.A. Dada with Milind Sathe & P. Pooniwala i/b S.M. Dandekar for the Petitioners. Mr Girish Kulkarni for Respondent No.1. Mr Birendra Saraf with Mr Farid H. Karachiwala with Mr Bhavik Manek i/b Wadia Ghandy & Co for Respondent No.2. CORAM : BILAL NAZKI AND CORAM : BILAL NAZKI AND CORAM : BILAL NAZKI AND A.R. JOSHI,JJ. A.R. JOSHI,JJ. A.R. JOSHI,JJ. DATED : 11TH FEBRUARY,2009. DATED : 11TH FEBRUARY,2009. DATED : 11TH FEBRUARY,2009. P.C.:- P.C.:- P.C.:- 1. The writ petition is pending in this Court from the year 1996. The petitioners have challenged a notice dated 6th December, 1996 in this writ petition. 2. The demand is created to pay the licence fee at the rate of 2% from the year 1979 to January, 1985 at the rate of 10% from February, 1985 till March, 1991 and from 1st April, 1991 till date of filing petition at the rate of 11%. 3. As, according to the Respondents, licence fee has been revised from 2 % from the year 1979 to January, 1985 to 10% and from February, 1985 to March, 1991, it has been raised to 11%. 4. This Court while entertaining the petition, gave interim protection vide order dated 23rd December, 1996 but at the same time directed the Petitioners to regularly pay the licence fee at the rate of 11% at the gross turnover with effect from January, 1997. 5. A letter dated 3rd February, 2009 issued by the Senior Commercial Manager for Airport Director (Commercial) received through E-mail which reads, as under:- "This is to let you know that M/s Ranadive has approached MIAL for renewal of their employees passes. In view of some commercial arrangements being sorted out between MIAL and M/s Ranadive, MIAL have agreed for their passes to be renewed only until 13th February, 2009. The above is for your information and any further development will be communicated to you..." 6. The learned counsel for the Respondents submits that this message was sent because the Petitioners have not paid licence fee according to the revised rates. He submits that the Court directed the Petitioners to pay licence fee @ 11% when the rate was 11% but the said rate has been enhanced from 11% to 15% with effect from 1st July, 2007. The respondents have also raised certain other contentions and if they have any demand other than the demand relating to licence fee they may create a demand and send it to the petitioners. 7. Counter affidavits have not been filed by the Respondents. Counter affidavits to be filed within four weeks from today with an advance copy to the learned counsel for the Petitioners, who may file rejoinder thereto, if any, within two weeks thereafter. 8. Writ Petition to come on board on 25.3.2009 for final hearing. 9. At the oral request leave to amend is granted to the Petitioners to add certain respondents. 10. In the meanwhile, we are staying operation of the e-mail dated 3.2.2009. 11. This order shall remain in force till new policy comes into force. 12. Petitioners are granted four weeks time to pay enhanced licence fee. They should also submit proof of their turn over to the respondents within the said time. 13. Notice of Motion disposed of, accordingly. (BILAL NAZKI,J.) (BILAL NAZKI,J.) (BILAL NAZKI,J.) (A.R. JOSHI,J) (A.R. JOSHI,J) (A.R. JOSHI,J)