The suit filed by plaintiffs against defendants under Section 7B of the Indian Telegraphs Act was withdrawn as nothing survived the award passed by the Arbiter. The court allowed the withdrawal following the plaintiff's payment of the award amount.
Plaintiffs are allowed to withdraw the suit. Refund to be granted as per Rules.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO.1072 OF 1994
American President Lines Ltd. ...Plaintiffs
Versus
The Mahanagar Telephone Nigam Ltd. ...Defendants
Ms.Nandini Mayekar i/b Little & Co. for Plaintiffs.
Ms.S.I.Shah for Defendants.
CORAM: A.M.KHANWILKAR, J.
FEBRUARY 1, 2008.
P.C.
1. It is submitted by the Counsel for the
parties that the dispute was referred to
arbitration under Section 7B of the Indian
Telegraphics Act. Consequent to the award passed
by the Arbitrator, Plaintiffs have already paid the
Award amount.
2. In the circumstances, nothing survives in
this Suit. For which reason, Plaintiffs seek
: 2 :
liberty to withdraw the Suit. Accordingly, allowed
to be withdrawn. Refund as per Rules.
A.M.KHANWILKAR, J.
1 issue framed by the court
Whether the suit survives after the dispute has been referred to arbitration under Section 7B of the Indian Telegraphs Act and the award amount has been paid.
1 provisions across 1 enactments
A.M.KHANWILKAR, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court