2019 (2) TMI 1709 - HC - Indian Laws

Permission for withdrawal of appeal - availability of alternative remedy before appropriate forum - attachment of property in Goa - petitioner seeks to avail of remedies if any before the appropriate Court - HELD THAT - The petition is dismissed as withdrawn with the aforesaid liberty. If an appeal is filed before the appellate tribunal within a period of four weeks the same would be considered uninfluenced by the question of delay.

Summary

Issues involved:
1. Jurisdictional challenge regarding the property attachment in Goa.

Analysis:
The judgment revolves around the jurisdictional challenge raised by the petitioner regarding the attachment of property in Goa. The respondents argued that since the petitioner, property, and relevant authorities are all in Goa, it would be appropriate for the petitioner to seek remedies in the appropriate court there. Reference was made to a Division Bench decision supporting this contention. Consequently, the petitioner, in light of the mentioned judgment, sought to withdraw the petition with the liberty to pursue remedies in the suitable court or tribunal.

The petitioner also requested the continuation of the interim order for an additional four weeks to facilitate approaching the competent court or tribunal. The court dismissed the petition as withdrawn, granting the petitioner the liberty to appeal before the appellate tribunal within four weeks without being influenced by any delay. Additionally, the petitioner was ensured non-dispossession of the property in question for the next four weeks. Finally, an order was issued for dasti under the signature of the Court Master, concluding the judgment.