Om Prakash Misra vs Chairman & Managing Director M/S ...
2009 Latest Caselaw 964 Del

*               IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         W.P.(C) NO. 6927/2009


%                                        Date of Decision : 24.03.2009


OM PRAKASH MISRA                                       .... Petitioner

                     Through : Petitioner in person.

                                Versus

CHAIRMAN & MANAGING DIRECTOR M/S                       .... Respondent
HINDUSTAN PAPER CORPORATION LTD.

                     Through : Mr. Ratan K. Singh, Advocate


HON'BLE MR. JUSTICE V.K. SHALI


1.    Whether reporters of Local papers may be
      allowed to see the judgment?                            NO
2.    To be referred to the reporter or not?                  NO
3.    Whether the judgment should be reported in
      the Digest?                                             NO


V. K. SHALI, J.(Oral)
*

1.     It is 4.05 PM when the order is about to be dictated in the open

Court in the presence of the petitioner as well Mr. Ratan K. Singh

learned counsel for the respondent/management, the petitioner has

stated that he may be permitted to withdraw the present writ petition as

it involves disputed question of facts and he may be permitted to file a

suit in the appropriate Court for the adjudication of his grievance

challenging the order of acceptance of resignation on the ground that at




WP(C) No.6927/2009                                           Page 1 of 2
 the time when the resignation was given by him, he was not in a sound

state of mind.

2.     The learned counsel for the respondent/management though

asked as to whether he would have any objection, in case, the petitioner

is permitted to withdraw the writ petition with liberty to file a suit, he

refrained from making any submissions.

3.     In view of the statement made by the petitioner, he is permitted to

withdraw the writ petition with liberty to file a suit in appropriate

forum. However, this does not preclude the respondent/management

to raise any objection including with regard to the question of

limitation.

4.     With these observations, the writ petition is dismissed as

withdrawn.




MARCH 24, 2009                                          V.K. SHALI, J.

KP