HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE NOUSHAD ALI C.M.A.Nos.403 AND 466 OF 2010 Dt.18.8.2010 C.M.A.NO.403 OF 2010 Between: M/s.J.J.Shipping & Logistics, Visakhapatnam ..Appellant And M/s.Devi Mineral Resources India Pvt Ltd., Bangalore and others ..Respondents C.M.A.NO.466 OF 2010 M/s.Devi Mineral Resources India Pvt Ltd., Bangalore ..Appellant And M/s.J.J.Shipping & Logistics, Visakhapatnam and others ..Respondents HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE NOUSHAD ALI C.M.A.Nos.403 AND 466 OF 2010 JUDGMENT: (Per Sri Justice V.Eswaraiah) These two appeals arise out of same order dated 6.4.2010 in A.O.P.No.926 of 2009 on the file of the Principal District Judge, Visakhapatnam. The appellant in C.M.A.No.403 of 2010 is the petitioner who filed the said A.O.P and the appellant in C.M.A.No.466 of 2010 is the first respondent therein. The said A.O.P was filed under Section 9 of the Arbitration and Conciliation Act, 1996 for interim injunction pending disposal of the arbitration proceedings. The learned District Judge partly allowed the said O.P. granting interim injunction with regard to the quantity of 6000 mts., only and the injunction to be in force for a period of four weeks only. As against the said order, the petitioner in the said O.P. as well as the first respondent filed these two appeals. Learned counsel appearing for the appellant in C.M.A.No.403 of 2010 submits that the appellant wants to withdraw the O.P. itself as he has filed a similar application before the City Civil Court, Bangalore, in which he has stated that he was contemplating to withdraw the appeal filed before this Court. Learned counsel appearing for the appellant in C.M.A.No.466 of 2010 submits that the said O.P. is not maintainable and the courts in Andhra Pradesh have no territorial jurisdiction. We are not inclined to express any opinion with regard to the merits as the appellant in the O.P. seeks to withdraw the O.P, itself. Accordingly, the appellant in C.M.A.No.403 of 2010 is permitted to withdraw A.O.P.No.926 of 2009 on the file of the Principal District Judge, Visakhapatnam, with liberty to pursue remedy before the appropriate forum. If that be so, both the appeals have become infructuous. The C.M.As are accordingly dismissed as infructuous. The interim order granted earlier stands vacated. _________________ V.ESWARAIAH, J. _________________ NOUSHAD ALI, J. 18.8.2010 Note: Issue copy by tomorrow B.O. kpr