Anand Mining Corporation And ANR v. Union Of India And ORS

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6994/2011 & CM APPL. 16026/2011 ANAND MINING CORPORATION AND ANR ..... Petitioners Through: Mr. Harsh Pathak, Advocate with Mr. Mohit Choubey and Mr. Siddhartha Shukla, Advocate.

versus UNION OF INDIA AND ORS ..... Respondents Through: Mr. Arun Bhardwaj, Advocate for UOI. Mr. Abhimjany singh, Advocate for respondent No.6.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 10.02.2016 Learned counsel for respondent has raised preliminary objection of forum non-conveniences. It is contended that although this Court has jurisdiction, it would be more appropriate for the petition to be filed before the Madhya Pradesh High Court. Learned counsel has further referred to the decision of this Court delivered on 26th November, 2013 in LPA 801/2012 titled as Chinteshwar Steel Pvt. Ltd. vs. Union of India & Ors. Learned counsel for petitioners expressed an apprehension that the writ petition before the Madhya Pradesh High Court may be objected to on the ground of limitation.

Learned counsel for respondents state that no such objection on the ground of limitation shall be taken if the petitioners approach the Madhya Pradesh High Court by way of a writ petition within a period of six weeks from today.

In view of this submission, learned counsel for petitioners seeks to withdraw the present writ petition with liberty to approach the Madhya Pradesh High Court.

With the aforesaid liberty, present writ petition and application are dismissed as withdrawn.

MANMOHAN, J FEBRUARY 10, 2016 js