1 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 240 OF 2009 IN W.P.NO. 2745 OF 2008 Khushiram Tarachand Pvt. Ltd. ..Appellants Vs. The Board of Trustees of the Port of Bombay ..Respondents .... Mr.Pramod Keni i/b Thakordas and Madgavkar for Appellants Mr.U.J.Makhija alongwith Mr.Parag Khandar i/b Mulla & Mulla Craigie Blunt and Caroe for Respondents .... CORAM : B.H.MARLAPALLE AND SMT.V.K.TAHILRAMANI, JJ. DATE : 5th MARCH, 2010 P.C.: 1 Heard. In Writ Petition No. 2745 of 2008, the learned Single Judge passed the following order on 6th January, 2009: “If the Respondent takes any action against the Petitioner contrary to the judgment of the Supreme Court in J.H.Wadia Vs. Board of Trustees, Port of Mumbai, AIR 2004, SC 1815, it is always open to the Petitioner to challenge the same in appropriate proceedings. There is nothing in law which entitles the Court to force the Respondent to consider a 2 settlement proposal outside Court. ” 2 Consequently, the Writ Petition was dismissed. 3 In our view, the learned Single Judge was right in observing that the Court cannot force a party to the petition to accept the proposal made by other party for settlement and if the Respondent-Board was proposing to take any action, contrary to the law laid down by the Supreme Court in J.H.Wadia Vs. Board of Trustees, Port of Mumbai, AIR 2004 SC 1815, it is always open to the Petitioner to challenge the same in the appropriate proceedings. We are satisfied that the impugned order does not suffer from any errors so as to entertain this intra Court Appeal. 4 Hence, the Appeal is dismissed in limine. [ SMT.V.K.TAHILRAMANI, J.] [ B.H.MARLAPALLE, J. ]