Mitcon Consultancy And Engineering Services Limited v. Ifci Limited And ORS.

23 WP 11369-16.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 11369 OF 2016 MITCON Consultancy & Engineering Services Limited ... Petitioner.

V/s.

IFCI Limited and others ... Respondents.

Mr.Chaitanya Nikte, for the Petitioner.

Mr.Nikhil Rajani i/b M/s.V.Deshpande & Co., for Respondent No.1. CORAM : R.M. Borde and V.M. Deshpande, JJ.

DATE : 31 July, 2018.

P.C. :- Learned counsel appearing for Respondent No.1 states on instructions that the notice of show cause issued against Petitioner on 22 July 2016, at Exhibit 'Q' shall be deemed to have been withdrawn and as a consequence thereof the order impugned dated 16 September 2016 in the instant Petition is not enforceable. However, there shall be liberty to the Respondent No.1 to issue a

23 WP 11369-16.doc fresh show cause notice and if any cause of action accrues as a consequence thereof as a result of passing of an order pursuant to the said show cause notice, against the interest of the Petitioner it would be open for the Petitioner to avail of the remedy available in law. In view of the above, Writ Petition is disposed of. (V.M. Deshpande, J.) (R. M. Borde, J.) by Maria Luiza Nicholas Sequeira Date: 2018.08.01 12:30:06 +0530 Maria Luiza Nicholas Sequeira