Bombay High CourtWP/6155/2012withdrawn

M/S Dhariwal Infrastructure Pri.Ltd.,Nagpur Thr. Its Poa And Auth.Sign. A.K.Gupta S/O Late N.L.Gupt v. Union Of India Thr. Coal Ministry Of Coal And Others

2015-11-21Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice P.B. Varale1 pages

211115wp6155.12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 6155 of 2012 M/s DHARIWAL INFRASTRUCTURE PVT. LTD., NAGPUR VERSUS UNION OF INDIA & OTHERS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.C. Dharmadhikari, counsel for the petitioner. Shri Rohit Deo, A.S.G.I. for the respondent no.1. Mr. Ambarish Joshi, A.G.P. for the respondent no.3. CORAM : SMT. VASANTI A. NAIK AND PRASANNA B. VARALE, JJ.

DATE : November 21 , 2015.

Shri Dharmadhikari, the learned counsel for the petitioner, states that in view of the subsequent developments, i.e. coming into the force of the Act, viz. Coal Mines (Special Provisions) Act, 2015, that is passed in view of the order passed by the Hon'ble Supreme Court in the special leave petitions, the prayer made by the petitioner in prayer clause (a) would not survive. It is stated that if the respondents contemplate action for invoking the bank guarantee dated 08.09.2009, the petitioner would take appropriate steps for challenging the said action. It is stated that since the bank guarantee is not sought to be invoked at this stage, the petitioner may be permitted to withdraw the writ petition with liberty to take appropriate steps for challenging the invocation of bank guarantee, if an occasion arises in future.

On the statement made by the learned counsel for the petitioner, we permit the petitioner to withdraw the writ petition with liberty to seek the relief in terms of prayer clause (b) before the appropriate Court/Forum, if an occasion arises in future. Order accordingly. No costs.

JUDGE JUDGE Diwale