1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2804 OF 2004 WRIT PETITION NO.2804 OF 2004 WRIT PETITION NO.2804 OF 2004 Mr.Gautam Abaji Malgaonkar ...Petitioner Vs. The New India Assurance Co. Ltd. & Ors. ..Respondents ----- Smt.Anjali N.Helekar for Petitioner Mr. K. Preswala with Mr. Mehta i/b. M/S. Mulla & Mulla & CBC for Respondents CORAM: H.L.GOKHALE & CORAM: H.L.GOKHALE & CORAM: H.L.GOKHALE & SMT.R.S.DALVI,JJ. SMT.R.S.DALVI,JJ. SMT.R.S.DALVI,JJ. DATED: 11TH AUGUST, 2005 DATED: 11TH AUGUST, 2005 DATED: 11TH AUGUST, 2005 P.C. P.C. P.C. 1. Mrs. Helekar appearing for the Petitioner 1. Mrs. Helekar appearing for the Petitioner 1. Mrs. Helekar appearing for the Petitioner states that Petitioner does not want to proceed with states that Petitioner does not want to proceed with states that Petitioner does not want to proceed with the Petition any more. Mr. Preswala appears for the the Petition any more. Mr. Preswala appears for the the Petition any more. Mr. Preswala appears for the Respondents 1,2 and 3 and states that nothing survives Respondents 1,2 and 3 and states that nothing survives Respondents 1,2 and 3 and states that nothing survives in the matter. Mrs. Helekar has stated that she has in the matter. Mrs. Helekar has stated that she has in the matter. Mrs. Helekar has stated that she has sought written instructions from the Petitioner but sought written instructions from the Petitioner but sought written instructions from the Petitioner but not yet received. However, the fact remains that not yet received. However, the fact remains that not yet received. However, the fact remains that although the Petitioner has challenged the refusal to although the Petitioner has challenged the refusal to although the Petitioner has challenged the refusal to accept VRS, thereafter he has been working and now accept VRS, thereafter he has been working and now accept VRS, thereafter he has been working and now some departmental enquiry has started against him. some departmental enquiry has started against him. some departmental enquiry has started against him. Obviously the challenge to acceptance of VRS does not Obviously the challenge to acceptance of VRS does not Obviously the challenge to acceptance of VRS does not survive any more. The order in the enquiry will be a survive any more. The order in the enquiry will be a survive any more. The order in the enquiry will be a separate one, which the Petitioner may challenge if separate one, which the Petitioner may challenge if separate one, which the Petitioner may challenge if required. Petition disposed of as withdrawn. required. Petition disposed of as withdrawn. required. Petition disposed of as withdrawn. (H.L.GOKHALE,J.) (H.L.GOKHALE,J.) (H.L.GOKHALE,J.) 2 (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.)