Jaydeep B. Khadye And Other vs M/S Indian Tourism And ...
2017 Latest Caselaw 6156 Bom

       rpa                                 1/2                                    lpa-150-10.doc


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION


                   LETTERS PATENT APPEAL NO.150 OF 2010
                                   IN
                      WRIT PETITION NO.4232 OF 2009


      Jaydeep Babaji Khadye & Anr.                                      .. Appellants
            Vs.
      M/s.India Tourism & Development
      Corporation & Ors.                                                .. Respondents

                                    ......
      Mr.M.D. Nagle, Advocate for the Appellants.
      Mr.Ramesh Ramamurthy, Advocate for the Respondents.
                                    ......

                               CORAM : RANJIT MORE &
                                       PRAKASH D. NAIK, JJ.

DATED : AUGUST 16, 2017.

P.C. :

Learned counsel for the Respondents at the outset

stated that Industrial Court, Mumbai by its order dated 11 th

December, 2012 passed in Complaint (ULP) No.328 of 2007 held

that the Central Government is appropriate government for

undertaking of the respondent no.1 and the Court constituted

under State Government has no jurisdiction to try and decide the

said complaint. Learned counsel further state that subsequent to

the above order, the Central Government has referred the dispute

between the parties to Central Government Industrial Tribunal,

rpa 2/2 lpa-150-10.doc

Mumbai. He further states that the appellants have filed

statement of claim and the respondent has also filed written

statement and the matter is scheduled to be heard on 24 th August,

2017 for framing of the issue before the Central Government

Industrial Tribunal, Mumbai. This fact is not disputed by the

learned counsel for the Appellants. In the light of the above,

having taking instructions from the appellant who is present in

Court, the counsel for the appellants seeks leave to withdraw this

letters Patent Appeal. Leave is granted. LPA is disposed of as

withdrawn. Needless to mention that we have not gone into the

merits of the matter and all contentions of the parties are kept

open.

               (PRAKASH D. NAIK, J.)                       (RANJIT MORE, J.)