1 nma3721.09.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3721 OF 2009 IN APPEAL (LODGING) NO. 650 OF 2009 IN WRIT PETITION NO. 575 OF 2008 Narayan P. Kahar ...Appellant. Vs. Master Marine Services Pvt. Ltd. & Anr. ...Respondents. Mr. Joy Deb Saha, C.A. of Appellant, present in person. None for the Respondents. CORAM : P.B.MAJMUDAR & ANOOP V. MOHTA, JJ. DATE : 8th September, 2010 P.C.:- 1 In this Notice of Motion, on behalf of the Appellant Mr. Narayan P. Kahar, his Constituted Attorney Mr. Joy Deb Saha, has appeared and submitted that the delay in filing the above Appeal, be condoned. On 15th April, 2008 the Writ Petition No. 575 of 2008, was disposed of by the learned Single Judge. The aforesaid writ petition was filed by the Respondent- Master Marin Services Pvt. Ltd., challenging the award passed by the Central Government Industrial Tribunal No. 2 on 07/09/1997. Under the aforesaid award the appellant was ordered to be reinstated in service 2 nma3721.09.sxw ssm within two months from the date of the award. The order was challenged by the Respondent in the aforesaid writ petition No. 575 of 2008. The aforesaid Writ Petition was disposed of as not pressed on the ground that an arrangement has been arrived at between the present appellant and the Respondent. The Respondent company agreed to reinstate this Appellant in service. It is submitted on behalf of the Appellant that no consent terms as such were filed before the Single Judge nor the award of Central Government Industrial Tribunal is set aside by the learned Single Judge. In our view, since the Respondent company has already withdrawn the appeal, this appeal cannot be entertained as such. The present Appellant has two remedies. (1) To prefer review application before the learned Single Judge pointing out that there is no consent terms arrived at at the relevant time or (2) to take out appropriate proceedings for executing the award passed by the Central Government Industrial Tribunal as the same is not set aside by the High Court in the said Writ Petition. It is for the present Appellant to resort to the remedies available in law. Subject to the aforesaid liberty to the present Appellant, this notice of motion is disposed of with no order as to costs. (ANOOP V. MOHTA, J.) (P.B. MAJMUDAR, J.)