Sharad H. Sheth And ANR v. The General Manager Central Railway And ANR

2-PIL 20-18 psv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO.20 OF 2018 Sharad H. Sheth & Anr.

...Petitioners

Vs.

The General Manager, Central Railway & Anr.

...Respondents

WITH CHAMBER SUMMONS (STAMP) NO.203 OF 2018 ----- Mr.Chattopadhyay Dipak for Petitioners.

Ms.Deepa Chawan with Mr.Abhishek Munot and Malcolm Desai i/b. J. Sagar Associates for Respondents.

----- CORAM :

NARESH H. PATIL AND G.S. KULKARNI, JJ.

DATE :

27th JUNE 2018 P.C.:

The learned Counsel appearing for the petitioners has placed on record a compilation of documents in chamber summons. It is submitted that the subject issue is pending before the Appellate Tribunal for Electricity in pursuance of the order passed by this Court in Writ Petition No.2544 of 2015 (Coram: S.C. Dharmadhikari and G.S. Kulkarni, JJ.) dated 23rd March 2016.

2.

We have perused the compilation of documents placed on record. Considering the submissions advanced before us, in our opinion, the

2-PIL 20-18 issue need not be dealt with in public interest litigation. However, the parties are free to resort to alternate remedy before the appropriate forum. Accordingly, the Public Interest Litigation stands disposed of. In view of disposal of the public interest litigation, chamber summons (stamp) No.203 of 2018 does not survive. It is accordingly disposed of. 3.

All contentions of the parties are kept open. [G.S. KULKARNI, J.] [NARESH H. PATIL, J.]