2017 (9) TMI 1813 - HC - Indian Laws

Permission for withdrawal of appeal - HELD THAT - Learned counsel for the petitioners seeks permission to withdraw these petitions at this stage keeping all contentions open and with a liberty to approach the Court by filing afresh in case of difficulty. The matters are disposed of as withdrawn.

Summary

Issues: Petition for hearing and consideration by respondent no.4

Analysis:
The judgment involves a petition where the petitioner, represented by Mr. Hasit Dave, requested respondent no.4 to grant a hearing and consider the contentions raised within a stipulated time. The petitioner sought resolution of the controversy with the liberty to approach the Court in case of an adverse decision. Respondent no.4, represented by Shri Amin, agreed to decide on all contentions within a week if the petitioner approaches them. Consequently, Mr. Dave sought permission to withdraw the petitions, keeping all contentions open, with the liberty to file afresh if needed. The Court granted the withdrawal, allowing the petitioners to approach respondent no.4 through written representation, with a directive for respondent no.4 to decide within a week by a reasoned order. The judgment clarifies that the Court did not express any opinion on the merits of the matter, discharged the notice in all matters, and permitted direct service to respondent no.4. The office was instructed to place a copy of the order in each matter.

This judgment primarily addresses the procedural aspect of the case, focusing on the petitioner's request for a hearing and consideration by respondent no.4. It highlights the agreement between the counsels for both parties regarding the timeline for decision-making by respondent no.4 and the petitioner's right to approach the Court again if necessary. The judgment emphasizes the importance of written representation for approaching respondent no.4 and specifies the timeline for decision-making, ensuring a reasoned order. Additionally, the judgment clarifies that the Court refrained from expressing any opinion on the substantive merits of the case, maintaining a neutral stance. Overall, the judgment provides a clear framework for the resolution of the dispute, balancing the interests of both parties and ensuring a fair and transparent process.