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Jharkhand High Court

Central Coalfields Limited vs The Union Of India on 7 January, 2020

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                IN THE HIGH COURT OF JHARKHAND AT RANCHI

                               W.P. (C) No. 7687 of 2011

                     Central Coalfields Limited, a Company incorporated under
                     the Companies Act, having its registered office at Darbhanga
                     House, P.O. Ranchi University, P.S. Kotwali, through the
                     G.M. (Admn) Awadhesh Kumar Singh, Son of late
                     Rameshwar Prasad Singh, presenting residing at Kanke
                     Road, P.S. Gonda, District-Ranchi.
                                                             ...   ...      Petitioner
                                    Versus
                1.   The Union of India.
                2.   The Law Secretary cum Ministry of Law & Justice cum the
                     Appellate Authority, Room No. 404, A Wing Shastri
                     Bhawan, New Delhi.
                3.   The Joint Secretary & Legal Advisor to the Government of
                     India, Ministry of Law & Justice cum the Sole Arbitrator
                     (Permanent Machinery for Arbitration), P.O. & P.S. Shashtri
                     Bhawan, New Delhi.
                4.   Garden Reach Shipbuilders & Engineers Ltd., a Company
                     incorporated under section 615 of the Companies Act,
                     having its registered office at 43/46, Gardenreach Road, P.O.
                     & P.S. Garden Reach, Kolkata, West Bengal.               ...
                     ...      Respondents
                                          ---

CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Mr. A. K. Das, Advocate : Mr. Sahay Gaurav Piyush, Advocate For the U.O.I. : Mr. Rohit Sinha, Advocate For the Resp. No. 4 : Mr. Arbind Kumar Sinha, Advocate

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05/07.01.2020

1. Heard Mr. A. K. Das, learned counsel appearing on behalf of the petitioner along with Mr. Sahay Gaurav Piyush, Advocate.

2. Heard Mr. Rohit Sinha, learned counsel appearing on behalf of the State-Union of India.

3. Heard Mr. Arbind Kumar Sinha, learned counsel appearing on behalf of Respondent No.-4.

4. This petition has been filed for the following reliefs: -

"That by way of this writ application, the petitioner seeks following reliefs: -
2
a. To issue an appropriate writ, order or direction for quashing the Award/Order dated 13.10.2011, passed by the Secretary General, Lok Sabha, former advisor, Ministry of Law & Juastice, the appellate in Appeal No. 14/2008/LS, whereby and whereunder he has been pleased to dismiss the appeal and uphold the Award dated 28.04.2008, passed in Case No. PMA/NCJ/23/2002 by the Joint Secretary cum Legal Advisor, Government of India cum Sole Arbitrator (PMA), Department of Public Enterprises, New Delhio, whereby and whereunder he has been pleased to allow the claims filed by respondent No. 4;

And b. For any other relief or reliefs as your Lordships may deem fit and proper for which the petitioner is very much entitled under the facts and circumstances of the case."

5. Learned counsel for the petitioner seeks permission to withdraw this petition.

6. Learned counsel for the respondents has no objection to the prayer made for withdrawal of this petition.

7. Permission for withdrawal of this petition, is accorded.

8. Accordingly, the present petition is hereby dismissed as withdrawn.

9. Interim order, if any, stands vacated.

10. Pending interlocutory applications, if any, are also dismissed as not pressed.

(Anubha Rawat Choudhary, J.) Mukul