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Delhi High Court - Orders

Ht Media Limited vs Kairaviview (Opc) Pvt. Ltd. & Ors on 2 August, 2022

Author: Siddharth Mridul

Bench: Siddharth Mridul, Amit Sharma

$~S-35
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      FAO(OS) 89/2022
       HT MEDIA LIMITED                                    ..... Appellant
                          Through:     Mr. Amit Sibal, Senior Advocate
                                       with Mr. Naman Joshi, Mr.
                                       Guneet Sidhu, Mr. Yuvraj Francis,
                                       Mr. Vinay Tripathi, Mr. Darpan
                                       Sachdeva and Mr. Saksham
                                       Dhingra, Advocates.
                          versus

       KAIRAVIVIEW (OPC) PVT. LTD. & ORS.                ..... Respondents
                          Through:     Mr. Harsh and Mr. Soutik
                                       Banerjee, Advocates for R-6.
                                       Mr. Akashdeep Singh, Advocate
                                       for R-7.
                                       Mr. Sanjay Kumar, Mr. Abhishek
                                       K. Singh and Mr. Saurabh Kumar,
                                       Advocates.
       CORAM:
       HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
       HON'BLE MR. JUSTICE AMIT SHARMA
                          ORDER

% 02.08.2022 The present appeal under Section 104 of the Code of Civil Procedure, 1908, read with Order XLIII Rule 1 (r) of the Code of Civil Procedure, 1908 has been instituted on behalf of the appellant, for setting aside order dated 27.07.2022, passed by the learned single judge of this Hon'ble Court in CS (OS) 403 of 2022.

After some arguments, Mr. Amit Sibal, learned senior counsel appearing on behalf of the appellant, seeks leave to withdraw this appeal, FAO(OS) 89/2022 Page 1 of 2 with liberty to initiate an appropriate application, in accordance with law, including but not limited to an application, under the provision of Rule 4 of Order 39 of the Code of Civil Procedure, 1908, before the learned single judge, seeking discharge, variation or setting aside of the order dated 27.07.2022, impugned in the present appeal.

Leave and liberty granted.

However, as undertaken by learned counsel appearing on behalf of respondents no. 1, 2 and 3, who appear on advance notice; they are directed to appear before the learned single judge, at the time of the first listing of the proposed application, to be instituted on behalf of the appellant; and to argue that application without insisting upon filing a reply, therein, provided they are served with an advance copy of the proposed application, in time.

The appeal is disposed of accordingly.

Pending applications being CM APPL. 33789/2022, CM APPL. 33790/2022 and CM APPL. 33791/2022 also stand disposed of.

Copy of the order be given dasti, to learned counsel appearing on behalf of the parties.

SIDDHARTH MRIDUL, J.

AMIT SHARMA, J.

AUGUST 02, 2022/at Click here to check corrigendum, if any FAO(OS) 89/2022 Page 2 of 2