-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5353 OF 2009 M/s. Videocon Industries Ltd. and another ... Petitioners versus Union of India and others ... Respondents Mr. K.R. Bulchandani with Ms. L.K. Bulchandani, Ms. Tulsi A. Zaveri, Mr. Harsharaj Jagtap, instructed by M/s. Kamal & Co., for the petitioners. Ms. S.I. Shah for respondent No.2. Mr. S.R. Singh for respondent No.3 CORAM: P.B. MAJMUDAR & R.G. KETKAR, JJ. DATE: MARCH 29, 2010. P.C. By way of this petition, the petitioners have prayed that an appropriate, writ, order or direction may be issued directing respondent No.2 to process the claim of the petitioners lodged with them for which amount is also quantified at Rs. 25,25,278/-. It is the case of the petitioners that part of the goods of the petitioners which were stored at the warehouse of respondent No.2 were subjected to serious damage in view of heavy flood which had resulted at the relevant time in the area. Learned counsel for the petitioners submitted that the petitioners have already lodged their claim initially before respondent No.2. The learned counsel for respondent No.2, however, submitted that since the -2- petitioners had not cooperated with the survey that the damages could not be ascertained. 2. After hearing the learned counsel for the parties at some length, the Court is of the opinion that the appropriate course available to the petitioners is to make an appropriate representation to the concerned department and the present petition may be treated as a representation to be made to respondent Nos. 2 and 3. At present it is not possible for this Court to adjudicate the disputed question of facts and to find out what was the actual loss sustained by the petitioners. Accordingly, the petitioners are permitted to make a representation in connection with the subject matter and a copy of this petition also can be attached along with the said representation. The points raised in this petition also may be treated as part of the representation. Such representation to be made within two weeks from today. Respondent Nos. 2 and 3 may thereafter take appropriate decision as deemed fit in accordance with law within three months from the date of receipt of the same and the decision on the said representation may be communicated to the petitioners without any delay. Respondent No. 3 also to co-operate in the matter of taking appropriate decision in connection with the subject matter. While deciding the representation, respondent Nos. 2 and 3 may also take into consideration the judgments delivered by any Court, if any, relied by the petitioners. We have not expressed any opinion on the merits of the issue. If the decision on such -3- representation is against the petitioner, it will be open to the petitioners to adopt appropriate proceedings in appropriate Civil Court by filing civil suit in accordance with law. 3. In view of what is stated above, learned counsel for the petitioners wants to withdraw this petition. Permission granted. With the aforesaid directions, the petition is disposed of as withdrawn. P. B. MAJMUDAR, J. R.G. KETKAR, J.