Chaudhari Hidayatulla Zaifalla v. The Union Territory Daman And Diu Thr. Commissioner For Workmens And ANR

2023:BHC-AS:20908 44 wp 9655 of 2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9655 OF 2022 Chaudhari Hidayatulla Zaifalla ...

Petitioner versus The Union Territory Daman and Diu and Anr.

...

Respondents Mr. Prayag Joshi i/by Joshi Law Associates, for Petitioner. Mr. Arsh Mishra for Respondent No.2.

CORAM

:

N.J.JAMADAR, J.

DATE :

25 JULY 2023 P.C. :

1.

Heard the learned Counsel for the parties.

2.

The learned Counsel for the Respondent No.2 raised a preliminary objection as to the maintainability of the Petition in view of the efficacious remedy under Section 30 of the Employees Compensation Act, 1923. 3.

The learned Counsel for the Petitioenr seeks leave to withdraw the Petition with liberty to file an Appeal assailing the order impugned in the Petition. 4.

Leave granted with liberty as prayed for.

5.

In the event question of limitation arises, the time spent in prosecuting the Petition may be accounted for under Section 14 of the Limitation Act. 6.

Since by an order dated 25 October 2022, this Court has granted adinterim protection. 7.

The ad-interim protection shall continue to operate for a period of two SSP 1/2

44 wp 9655 of 2022.doc weeks from today.

8.

The Writ Petition stands disposed as withdrawn with liberty as sought. ( N.J.JAMADAR, J. ) SSP 2/2