M/S. Punjab Biomas Ltd. v. M/S. Unicon Engineers And ORS.

Uday S. Jagtap 1949-17-WP-1=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1949 OF 2017 M/s. Punjab Biomas Ltd.

.. Petitioner v/s.

M/s. Unicon Engineers & Ors.

.. Respondents Mr. Sachin D. Kadam for the petitioner Mr. Suresh Dhole for the respondent no.1 CORAM : A.S. OKA & M.S. SANKLECHA, J.J.

DATED : 26th APRIL, 2019 P.C.

1.

The learned Counsel appearing for the petitioner has placed on record a printout of e-mail received by him from the petitioner, which is taken on record and marked as "E-1" for identification. In view of what is stated in the said e-mail, he seeks to withdraw the petition with liberty to file appropriate proceedings before the appropriate forum, in the State of Tamil Nadu. He seeks continuation of ad-interim relief granted on 9th March, 2017.

2.

Both the prayers are opposed by the learned Counsel appearing for the first respondent.

Uday S. Jagtap 1949-17-WP-1=.doc 3.

On the earlier date, we made it clear that as the Award of the Council at Coimbatore was sought to be challenged and as the first to third respondents are having their offices in the State of Tamil Nadu, it would be appropriate if the petitioner approaches proper forum in the State of Tamil Nadu. Therefore, liberty as prayed will have to be granted. All objections of the first respondent are kept open. 4.

We, therefore, extend the ad-interim relief by a period of six weeks from today.

5.

The petition is disposed of as withdrawn with liberty as prayed for.

(M.S. SANKLECHA, J.) (A. S. OKA, J.)