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Bombay High CourtWP/712/2017disposed of

M/S. Vedanta Ltd., (For. Known As Sesa Sterlite Ltd.), Thr. Aut. Sig., Mr. Sauvick Mazumdar And ANR v. Board Of Trustees Of Mormugao Port Trust And 2 ORS.,

2017-08-23Hon'Ble Shri Justice G. S. Patel,Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

Vedanta Ltd. V Board of Trustees of Mormugao Port Trust and ors. 905wp712-17.doc Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 712 OF 2017 Vedanta Ltd.

...Petitioner

Versus

Board of Trustees of Mormugao Port Trust and ors.

...Respondents

Mr S S Kantak, Senior Advocate with Mr. Abhijit Gosavi, Advocate for the petitioner.

Mr Yogesh Nadkarni and Ms A Kale, Advocate for the respondents.

CORAM:

G.S. PATEL NUTAN D. SARDESSAI, JJ DATED:

23rd August 2017 PC:- 1.

An affidavit of rejoinder taken on file. On instructions, and after some arguments, Mr. Kantak seeks leave to withdraw the petition. The petition is dismissed as withdrawn, however, with liberty to the Petitioners to file an appropriate civil proceeding for their claim. All contentions on both sides are expressly left open. 2.

The Petitioners have furnished a bank guarantee to the 1st Respondent. That bank guarantee expires on 2nd September 2017. The Petitioner undertakes to this Court to revalidate the bank guarantee for a further period of 90 days from its date of expiry. For its part, the 1st Respondent will not invoke that bank guarantee for a period of 60 days after its renewal. This is in order to enable the 23rd August 2017

Vedanta Ltd. V Board of Trustees of Mormugao Port Trust and ors. 905wp712-17.doc Petitioners to approach a Civil Court for appropriate reliefs. We make it clear that by making this order we have not granted an injunction against invocation of the bank guarantee; there is no such invocation at this stage.

3.

The petition is disposed of in these terms. There will be no order as to costs.

NUTAN D. SARDESSAI J.

G. S. PATEL J.

23rd August 2017