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Delhi High Court - Orders

Aircel Limited & Ors vs Bharti Airtel Limited & Anr on 20 February, 2023

Author: Yashwant Varma

Bench: Yashwant Varma

                    $~3
                    *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                    +     CS(COMM) 206/2019, I.A. 12933/2019, I.A. 1303/2021
                          AIRCEL LIMITED & ORS.                              ..... Plaintiffs

                                             Through:     Mr. Rajshekhar Rao, Sr. Adv.
                                                          with Mr. Vipul Singh, Ms.
                                                          Anwesha Padhi and Dr. Misha
                                                          M. Kumar, Advs.

                                             Versus

                          BHARTI AIRTEL LIMITED & ANR.                     ..... Defendants

                                             Through:     Mr. Krishnendu Datta, Sr. Adv.
                                                          with Mr. Harsh Kaushik and
                                                          Mr. Harsh Prakash, Advs.

                          CORAM:
                          HON'BLE MR. JUSTICE YASHWANT VARMA
                                       ORDER

% 20.02.2023

1. The record would reflect that the instant suit had been instituted by and through the Resolution Professional. Undisputedly, a Resolution Plan in respect of the Plaintiff has since then come to be approved. Although initially an application had been moved for the Plaintiff being granted further time to pay the requisite court fee, undisputedly the suit itself had not been instituted with liberty being sought to prosecute the same as an indigent person.

2. Mr. Rao, learned Senior Counsel appearing for Plaintiffs, would submit that notwithstanding the above, I.A. 12933/2019 which seeks that permission would still be maintainable. He prays for time to place on the record a compilation of judgments in support of his aforenoted submission.

3. Let the aforesaid compilation be placed on the record within a period of two weeks from today.

Signature Not Verified A copy thereof be also circulated Digitally Signed By:NEHA Signing Date:21.02.2023 18:24:02

upon learned counsel appearing for the Defendants.

4. Let the matter be called again on 13.03.2023.

YASHWANT VARMA, J.

FEBRUARY 20, 2023/bh Signature Not Verified Digitally Signed By:NEHA Signing Date:21.02.2023 18:24:02