M/S Engineering Projects (India) Ltd. v. Indian Overseas Bank & Anr.

Delhi High Court · 22 Jan 2015 · 2015:DHC:703
Hima Kohli
CS(OS) 1437/2014
2015:DHC:703
civil appeal_dismissed

AI Summary

The Delhi High Court permitted withdrawal of a suit by a government entity in light of a government Circular directing resolution of inter-ministerial disputes through alternative forums rather than litigation.

Full Text
Translation output
W.P.(C) 1437/2014
HIGH COURT OF DELHI
CS(OS) 1437/2014 & IA No.9472 & 9473/2014
Decided on 22.01.2015 IN THE MATTER OF :
M/S ENGINEERING PROJECTS (INDIA) LTD. ..... Plaintiff
Through: Mr.J.P.Sengh, Sr.Advocate with Mr.Manoj K.Das, Advocate
VERSUS
INDIAN OVERSEAS BANK & ANR. ..... Defendants
Through: Mr. Karan Khanna and Ms.Asmita Kumar
Advocates for D-1 Mr.Manish Mohan, CGSC, Ms.Manisha Rana Singh
Mr.Gaurav Sharma & Ms.Hina Shaheen, Advocates for D-2
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J. (Oral)
JUDGMENT

1. On the last date of hearing, learned counsel for the defendant No.2/CPWD had handed over a copy of the Circular dated 7.8.2014 issued by the Ministry of Law & Justice, Government of India, informing all the Ministries, Departments and PSUs that they should desist from initiating inter-ministerial/departmental litigation in the courts of law and instead, try to resolve their disputes amicably through mutual consultation through the Empowered Agencies of the Government or through arbitration and if the same does not get resolved, then the said dispute be referred, in the first instance, to the Cabinet Secretariat and if necessary, 2015:DHC:703 W.P.(C) 1437/2014 to the PMO. A copy of the aforesaid Circular is handed over by learned counsel for the defendant No.2/CPWD and is taken on record.

2. Mr.Sengh, learned Senior Advocate appearing for the plaintiff states that the briefing counsel had sought time to obtain instructions/clarifications from his client and now clarifications have been obtained. He seeks leave to withdraw the present suit, while reserving the right of the plaintiff to seek its remedies, in respect of the subject dispute, before the forum mentioned in the Circular dated 7.8.2014.

3. Leave, as prayed for, is granted. The suit is disposed of, alongwith the pending applications. (HIMA KOHLI) JANUARY 22, 2015 JUDGE mk