M/S Engineering Projects (India) ... vs Indian Overseas Bank & Anr.
2015 Latest Caselaw 665 Del

*           IN THE HIGH COURT OF DELHI AT NEW 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)

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,

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
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