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2017 DIGILAW 932 (SC)

Tamil Nadu Electricity Board(Now known as TANGEDCO LTD. v. Navayuga Info Tech Pvt. Ltd.

2017-06-21

D.Y.CHANDRACHUD, SANJAY KISHAN KAUL

body2017
ORDER Leave granted. Learned senior counsel appearing on behalf of respondent No.1 which is the appellant in Writ Appeal No. 637 of 2017 before the Division Bench of the Madras High Court states on instructions that the writ appeal may be dismissed as withdrawn, since respondent No.1 does not intend to press the appeal but would pursue its remedies before the Arbitral Tribunal in terms of the liberty granted by the learned Single Judge in the order dated 26.05.2017. It has also been stated that in consequence, the interim order passed by the Division Bench on 12.06.2017 in the writ appeal filed by respondent No.1 will not survive and may accordingly be set aside. In view of the above statement, it is not necessary to effect service on respondent No.2 having regard to the fact that the aforesaid respondent has not filed the appeal against the order of the learned Single Judge. In the circumstances, we record the statement which has been made on behalf of respondent No.1 and Writ Appeal No. 637 of 2017 shall stand dismissed as withdrawn. In consequence, the order passed by the Division Bench on 12.06.2017 is, by consent of the appellant and respondent No.1, set aside. Respondent No. 1 is at liberty, in terms of the directions issued by the learned Single Judge of the High Court, to pursue its claims including an application for interim directions before the Arbitral Tribunal. Since the learned Single Judge has requested the Arbitral Tribunal to expedite the disposal of the interim application, if any, nothing further need be observed in that regard. The civil appeal is disposed of.