Larsen And Toubro Ltd. v. Roofs And Ceilings (I) Pvt.Ltd.

39-wp-1084-2018 rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1084 OF 2018 ALONGWITH COMMERCIAL ARBITRATION PETITION NO. 500 OF 2018 Larsen and Toubro Ltd.

... Petitioner vs.

State of Maharashtra & 2 Ors.

... Respondents Mr. Chetan Kapadia a/w. Faisal Sayyed & Shadab S. Jan i/b. MKA & Co. for the Petitioner.

Mr. Suresh Dhole for Respondent No. 3 in WP/1084/2018. Ms. P. H. Kantharia, GP a/w. Ms. Deepali Patankar, Hon. Asstt to GP in WP/1084/2018.

CORAM : A.K. MENON, J.

th AUGUST, 2018 DATE : 7 P. C.

1.

It is the petitioner's case that the order dated 28 th November, 2017 granted them an opportunity of filing rejoinder by 5 th December,2017 which they did.

Thereafter they filed an application for cross examination and oral hearing. Pursuant to filing rejoinder the Facilitation Council has finally disposed of the petition without granting the petitioners an opportunity of being heard. 2.

After this petition was heard for some time Mr. Dhole on instructions of the respondent no.3 states that he has no objection if Petition No. 77/2015 is remanded Rajeshwari Ramesh Pillai Rajeshwari Ramesh Pillai Date: 2018.08.08 15:18:55 +0530

39-wp-1084-2018 to the Facilitation Council for hearing the petitioners submissions. In the circumstances, I pass the following order :

(i) The impugned order dated 15 th January, 2018 is hereby set aside by consent of parties. The Facilitation Council will grant an opportunity to the petitioners to make oral submissions and decide the matter in accordance with law.

(ii) Parties will appear before the Facilitation Council on the next available date after two weeks from today.

(iv) In view of the order passed above Mr. Kapadia learned counsel for the petitioner in Arbitration Petition no. 500 of 2018 seeks leave to withdraw the petition. Petition allowed to be withdrawn. (v) In view of the disposal of the petition Notice of Motion does not survive. Notice of Motion is also disposed of. (vi) Refund, if any, as per rules.

(A.K. MENON, J.)