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Delhi High Court - Orders

Modi-Mundipharma Pvt. Limited vs Speciality Meditech Pvt. Ltd. & Anr on 27 April, 2023

Author: Sanjeev Sachdeva

Bench: Sanjeev Sachdeva

                          $~29
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      RFA(OS)(COMM) 8/2023
                                 MODI-MUNDIPHARMA PVT. LIMITED                       ..... Appellant
                                                       Through:     Appearance not given.

                                                       versus

                                 SPECIALITY MEDITECH PVT. LTD. & ANR. ..... Respondent
                                                       Through:     Mr. Gagan Gupta, Adv. for R-1

                                 CORAM:
                                 HON'BLE MR. JUSTICE SANJEEV SACHDEVA
                                 HON'BLE MR. JUSTICE VIKAS MAHAJAN
                                                       ORDER

% 27.04.2023 CAV 207/2023

1. Since counsel for the respondent No. 1 / caveator appears, caveat stands discharged.

CM APPL. 20435/2023 (Exemption)

2. Allowed. Subject to all just exceptions. RFA(OS)(COMM) 8/2023 & CM APPL. 20433/2023 (Stay)

3. Issue notice.

4. Notice of the appeal as well as the application is accepted by the learned counsel appearing for the respondent No.1

5. Notices be issued to respondent No.2, returnable on 17.08.2023.

6. Digital copy of the Trial Court Record be requisitioned.

Signature Not Verified Digitally Signed By:DEEPAK SINGH RFA(OS)(COMM) 8/2023 Page 1 of 2 Signing Date:28.04.2023 15:39:11

CM APPL. 20434/2023 (for summoning of court records in CS (COMM) 353/2018)

7. The application is allowed and disposed of. CM APPL. 20436/2023 (seeking leave to file addl. documents)

8. Learned counsel for the appellant submits that a technical error has occurred in the application and accordingly seeks leave to withdraw the application reserving the right of the appellant to file a fresh application under Order XLI Rule 27 of the CPC. The application is dismissed as withdrawn with liberty as prayed for. CM APPL. 20437/2023 (extension of time to file court fee)

9. Application is allowed. The requisite court fees be filed within a period of two weeks from today.

SANJEEV SACHDEVA, J VIKAS MAHAJAN, J APRIL 27, 2023/NSA Signature Not Verified Digitally Signed By:DEEPAK SINGH RFA(OS)(COMM) 8/2023 Page 2 of 2 Signing Date:28.04.2023 15:39:11