Kinship Services India (P) Ltd v. M. J. Fithaly Fernando
2019-01-15
A.M.KHANWILKAR, AJAY RASTOGI
body2019
DigiLaw.ai
ORDER 1. Leave granted. 2. We have heard learned counsel for the parties. 3. After hearing learned counsel for the parties for some time, counsel for both the parties requested the Court to dispose of the appeals by setting aside the impugned order passed by the High Court without recording any reason and to restore the Original Petition before the High Court for being decided afresh, as the statement made before the High Court for withdrawing the Original Petition was under mistaken belief. The appellant has no objection to this course of action. In other words, the restored Original Petition before the High Court will have to be decided on its own merit in accordance with law. 4. The respondents also undertake not to proceed with the matter pending before the appropriate authority under Section 132 of the Merchant Shipping Act, 1958, until the High Court finally decides the Original Petition. That assurance is taken on record. 5. Accordingly, the appeals are allowed. The impugned orders are set aside and the Original Petition Nos.20 of 2013, 449 of 2013, 445 of 2013 and 444 of 2013 are restored to the file of the High Court to their original numbers for being heard afresh in accordance with law. 6. All the contentions available to the parties are left open. 7. Pending applications, if any, also stand disposed of.