Bombay High CourtWP/4739/2017disposedoff

Western Coal Fields Ltd. Thr. General Manager Sales And Marketing, Nagpur v. M/S Goa Sponge And Power Ltd. Thr. Auth. Representative Shri. Manoj Ratanlal Agrawal And Another

2019-02-01Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp4739.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4739/2017 WCL, Nagpur ..VS..

M/s. Goa Sponge and Power Ltd. & anr.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.V. Ghare, Adv h/f Shri A.M. Ghare, Adv for the petitioner Shri S.S. Sitani, Advocate for the respondent no. 1 CORAM : Z.A.HAQ, J.

DATED : 01/02/2019 Joint Pursis signed by the advocates for the petitioner and the respondent nos. 1 and 2 is filed on record vide Stamp No. 1478/2019. It is stated that during the pendency of this petition, the respondent nos. 1 and 2 have extended the bank guarantee till 20/07/2019 and the petitioner would enforce the bank guarantee only after following the procedure prescribed under Clause No. 3.6 of the Coal Supply Agreement dated 21/07/2011. It is stated that the petitioner has withdrawn its earlier notice dated 21/10/2016 by which the agreement came to be terminated. It is further stated that as the notice dated 21/10/2016 is withdrawn, the cause of action for filing the R.C.S. No. 1299/2016 does not survive and the respondent no. 1 seeks permission to withdraw that civil suit. It is stated that if the petitioner initiates any further action, the respondent no. 1 will be at liberty to file civil suit again.

2 wp4739.17 The writ petition is disposed as infructuous in view of the joint pursis filed by the parties. In the circumstances, the parties to bear their own costs. R.C.S. No. 1299/2016 pending before 6th Joint Civil Judge, Junior Division, Nagpur stands disposed as withdrawn.

The parties are at liberty to act as per the terms of the joint pursis.

JUDGE Ansari