Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Fmc Corporation & Ors vs Gsp Crop Science Private Limited on 20 December, 2022

Author: Manmohan

Bench: Manmohan

                              $~23
                              *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +      FAO(OS) (COMM) 330/2022
                                     FMC CORPORATION & ORS.                                ..... Appellants
                                                        Through:     Mr.Parag Tripathi, Sr.Advocate with
                                                                     Mr.Debashish Banerjee, Mr.Vineet
                                                                     Rohilla, Mr.Ankush Rohilla,
                                                                     Mr.Ankush Verma, Mr.Peeyoosh
                                                                     Kalra, Ms.Arushi Mishra and
                                                                     Mr.Apoorv Tripathi, Advocates.

                                                        versus

                                   GSP CROP SCIENCE PRIVATE LIMITED             ..... Respondent
                                                 Through: Mr.Amit Sibal, Sr.Advocate with
                                                            Mr.J.Sai Deepak, Mr.G.Nataraj,
                                                            Mr.Ankur Vyas, Mr.Shashikant
                                                            Yadav, Ms.Garima Joshi, Ms.Harshita
                                                            Agarwal and Mr.Rahul Bhujbal,
                                                            Advocates.
                                   CORAM:
                                   HON'BLE MR. JUSTICE MANMOHAN
                                   HON'BLE MR. JUSTICE SAURABH BANERJEE
                                                 ORDER

% 20.12.2022 C.M.No.55508/2022 Exemption allowed, subject to all just exceptions. Accordingly, the application stands disposed of. FAO(OS)(COMM) 330/2022 & C.M.Nos.55506-55507/2022 After some arguments, learned senior counsel for the appellants wishes to withdraw the present appeal. He, however, prays that the trial of the suit be expedited and the cost imposed by the learned Single Judge be waived.

Keeping in view the fact that the present appeal is being withdrawn at the initial stage, the request made by learned senior counsel for the appellants is accepted and the learned Single Judge is requested to expedite the trial of the suit. The cost imposed by the learned Single Judge is waived at this juncture. Though none of the findings rendered by the learned Single Judge in the impugned order are disturbed, yet it is clarified that the same are prima facie in nature and shall not bind either of the parties at the trial.

At this stage, learned senior counsel for the respondent-defendant states that the respondent-defendant intends to file an application under Order XIIIA of the Commercial Courts Act, 2015 seeking summary judgment. This Court clarifies that the aforesaid order shall not prejudice the rights and contentions of either of the parties and the said application shall be decided on its own merits.

With the aforesaid directions and observations, the present appeal along with pending applications is disposed of.

MANMOHAN, J SAURABH BANERJEE, J DECEMBER 20, 2022 KA Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:21.12.2022 17:50:00