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Delhi High Court - Orders

Sanjana Agarwal vs Namoshivai Apparels Private Ltd on 22 September, 2023

Author: V. Kameswar Rao

Bench: V. Kameswar Rao

                                    $~44
                                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +    RFA(COMM) 213/2023
                                         SANJANA AGARWAL                          ..... Appellant
                                                       Through: Mr.Pulkit Thareja and Mr.Sourabh
                                                                Harihar, Advocates
                                                       versus

                                                NAMOSHIVAI APPARELS PRIVATE LTD ..... Respondent
                                                             Through: Mr.Febin Mathew Varghese and
                                                                      Mr.Dhiraj Philip, Advocates.

                                                CORAM:
                                                HON'BLE MR. JUSTICE V. KAMESWAR RAO
                                                HON'BLE MS. JUSTICE MANMEET PRITAM
                                                SINGH ARORA
                                                             ORDER

% 22.09.2023 CM APPL. No.49337/2023 (exemption) Exemption allowed, subject to all just exceptions. Application stands disposed of.

RFA(COMM) 213/2023 & CM APPL. No.49338/2023 (stay)

1. Issue notice. Mr. Febin Mathew Verghese, Advocate appears and accepts notice for the respondent.

2. Subject to the appellant depositing 75% of the decretal amount computed as of today with the Registrar General of this Court within a period of eight weeks, there shall be a stay of the impugned judgment and decree dated June 07, 2023 in Counter-Claim No.5/2023, titled as 'Namoshivai Apparels Private Ltd. v. Sanjana Agarwal' passed by learned District Judge (Commercial Court-02), South-West Dwarka Courts, Delhi till the next date of hearing. The amount deposited shall be invested in an interest bearing FDR This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 22:34:12 till further orders.

3. Counsel for the parties to file common written submissions in this appeal as well as in RFA (COMM) No.212/2023 along with the judgments they want to rely upon within eight weeks.

4. Re-notify on May 03, 2024.

V. KAMESWAR RAO, J MANMEET PRITAM SINGH ARORA, J SEPTEMBER 22, 2023/v This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 22:34:12