Prakash Singh vs Chief Commercial Manager

Mukul Mudgal, J.—Notice.

Mr. Atri, learned Counsel accepts notice on behalf of the respondent.

With the consent of the parties, the appeal is taken up for final hearing.

This appeal challenges the impugned order dated 12th May, 2009 of the learned Single Judge dismissing the OMP preferred by the appellant u/s 9 of the Arbitration and Conciliation Act, 1996 praying for staying of the order dated 22nd February, 2009 of the respondent. We see no reason to interfere with the learned Single Judge''s order dated 12th May, 2009 to the extent it holds that a court cannot restore a contract which has already been terminated. Indeed the appellant''s counsel did not seriously challenge this finding. The learned Counsel for the appellant stressed on the fact that the order of black listing is also subsisting against the appellant and was passed contrary to the principles of natural justice. In our view, the last paragraph of the learned Single Judge''s order dated 12th May, 2009 protects the appellant''s rights which reads as follows:

It is made clear that this order would not come in the way of petitioner as and when petitioner challenges the order of blacklisting.

Considering the fact that sufficient protection against the blacklisting had already been granted to the appellant and since learned Counsel for the appellant wishes to withdraw the present appeal with liberty to file such an application raising pleas against his blacklisting, we dismiss the appeal as withdrawn with the aforesaid liberty. Appeal stands disposed of accordingly.

C.M. Nos. 9795-96/2009 in F.A.O. (OS) No. 298 of 2009

Since the appeal has been dismissed as withdrawn, these applications have become infructuous and the same stand disposed of as having become infructuous.