Jai Balaji Leasing v. Union Of India

9 wp-l-582-20.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 582 OF 2020 Jai Balaji Leasing .. Petitioner v/s.

Union of India, through Sr. Divisional Commercial Manager Western Railway ..Respondents Ms. Naveena Kumari a/w. Samiksha Kanani i/b. RaJESH Gupta for the Petitioner.

Adv. Chetan Agrawal a/w. Jyoti Agrawal for the Respondent. CORAM : A.A.SAYED & SMT. ANUJA PRABHUDESSAI, JJ.

DATED : 06 MARCH, 2020.

P.C. :

1.

The Writ Petition is filed seeking following reliefs: "(a) That this Honourable Court be pleased to pass an order or writ of mandamus or any other writ of like nature and direct the respondent not to take any action against the show cause notice dated 28.11.2019.

(b) The Honourable High Court be pleased to set aside the show cause notice dated 28.11.2019." 2.

The matter being at the Show Cause Notice stage, we are not inclined to entertain the Petition. Moreover, in Arbitration Petition (L) salgaonkar

9 wp-l-582-20.doc No. 53 of 2020, which was filed by the Petitioner, the learned Single Judge of this Court on 17.02.2020 has passed the following order: "After some arguments, the learned Advocate seeks leave to withdraw the Petition. She states that pursuant to the show-cause notice dated 20th November, 2019 issued by the Respondent at Exhibit 'F' (page 60) the Petitioner will submit a response and will show cause. The learned Counsel for the Respondent states that the response will be considered and will be dealt with in accordance with law. The statement is noted and accepted.

2.

The Petition is disposed of as withdrawn. All contentions are left open for appropriate proceedings thereafter."

3.

In the circumstances, the Writ Petition is dismissed. We record a statement of the learned Counsel for the Respondent No.1 that the decision on the Show Cause Notice shall be taken within a period of four weeks from today.

(ANUJA PRABHUDESSAI, J.) (A.A.SAYED, J.) salgaonkar