M/S. Prakash Express Cargo v. Union Of India Through Chief Commercial Manager

9p.290.16 arbpl.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (L) NO. 290 OF 2016 M/s Prakash Express Cargo ... Petitioner V/s.

Union of India through Chief ... Respondent Commercial Manager --------- Mr. Rohan Cama i/b Bhakti Marathe for the petitioner. Mr. J. J. Pandian for the Respondent CORAM : K. K. TATED, J.

DATED : 24/02/2016 P.C.:

Not on board. At the request of learned Advocate for Petitioner, matter is taken on board for urgent orders.

2) Heard learned counsel for the parties.

3) Learned counsel for the petitioner, after taking instructions from his clients makes a statement that they may be allowed to withdraw the present petition with liberty to file appropriate appeal to the Chief Commercial Manager as per clause 4.16 of Comprehensive Parcel Leasing Policy. Advocate for the petitioner given in writing on Farad for withdrawal of present petition. Same is taken on record and marked as 'X' for identification.

4) On the other hand, learned counsel appearing for respondent makes a statement that they will not take any coercive action against ism 1/2

9p.290.16 arbpl.doc the petitioner as per order dated 22/02/2016 Exhibit I till the hearing and final disposal of appeal, if it is filed within one week from today. Statement is accepted.

5) Hence, following order.

(i) Petition stands dismissed as withdrawn with liberty to file appropriate appeal before Chief Commercial Manager in terms of clause 4.16 of Comprehensive Parcel Leasing Policy within one week from today.

(ii) Statement made by learned counsel for respondent that they will not take any coercive action against petitioner as per letter/order dated 22/02/2016, till final disposal of appeal and thereafter one week from the date of communication of order is accepted. (iii) All issues of both parties are kept open.

(K.K.TATED, J.) ism 2/2