INDIA LTD Vs. MALAYSIA AIRLINES

JUDGEMENT

(1.) Learned Counsel appearing for the complainants filed a Memo to the following effect : "the complainants respectfully submit as follows : (1) The complainants submit that in view of the judgment rendered by the Hon'ble Supreme Court of India reported in 2000 (1) CTC 556, this Hon'ble Forum is ousted of its jurisdiction to entertain the above complaint. Hence the complainants want to withdraw the complaint from the file of this Hon'ble Commission with liberty to file civil suit with a prayer under Sec.14 of the Limitation Act on the same cause of action. (2) The complainants, therefore, pray that this Hon'ble Commission may be pleased to permit the complainants to withdraw the above O. P. from this Hon'ble Commission with liberty to file civil suit and render justice. Dated at Madras this the 17th day of May, 2000. Sd/- S. Suriamoorthy, counsel for complainants. "

(2.) In the Memo as extracted above, a prayer is there as respects the liberty to file a suit. The prayer so asked for, we are not inclined to grant. The reason is this. It is for the complainants to explain the delay if any caused in filing the civil suit before the competent Forum by resorting to the salient provisions adumbrated under Sec.14 of the Limitation Act, 1963 . The memo in other respects is recorded and the complainants are permitted to withdraw the O. P.

(3.) The O. P. is, therefore, dismissed as withdrawn. No costs.