Union Of India Through Bharath Sanchar Nigam Limited, v. M/S. Icomm Tele Ltd.,

THE HON'BLE SRI JUSTICE SANJAY KUMAR AND THE HON'BLE SMT. JUSTICE ANIS CIVIL MISCELLANEOUS APPEAL NO.489 OF 2016 J U D G E M E N T (Per Hon'ble Sri Justice Sanjay Kumar) This appeal was preferred by the Union of India through [Bharath Sanchar Nigam Limited (BSNL)], a Government of India Enterprise, aggrieved by the order dated 04.02.2016 passed by the learned Principal District and Sessions Judge, Rajahmundry, in A.A.O.P.No.44 of 2014.

By order dated 28.07.2016, this Court granted interim stay of execution of the arbitral award in Reference Case No.5/SPRCH dated 02.08.2014, subject to the appellant depositing 50% of the amount awarded along with interest, by way of a demand draft in the name of the Registrar (Judicial) of this Court.

While so, Memo dated 09.09.2016 was filed by the Executive Engineer, BSNL, Civil Division, Rajahmundry, through Dr.Pundla Bhaskara Mohan, learned counsel for the appellant, stating that the parties to the appeal had settled their disputes out of Court and that this Court may permit the appellant to withdraw the appeal as no further orders are required to be passed.

In the light of the aforestated Memo evidencing settlement of the dispute between the parties, the appeal is dismissed as infructuous. Interim order dated 28.07.2016 shall stand vacated. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

______________________ SANJAY KUMAR, J __________________ ANIS, J 17th OCTOBER, 2016 PGS