Delhi High Court - Orders
La Tropicana Resident Association Regd vs North Delhi Metro Mall Pvt Ltd & Ors on 13 September, 2023
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.APP.(C) 49/2023
LA TROPICANA RESIDENT ASSOCIATION REGD ..... Appellant
Through: Mr. Vivek Kohli, Sr. Advocate with
Mr.Sandeep Bhuraria, Mr.Monish
Surendran and Ms.Bhavya Bhatia,
Advocates.
versus
NORTH DELHI METRO MALL PVT LTD & ORS. .... Respondents
Through: Mr. Amit Sibal, Sr. Advocate with
Mr.Abhishek Awasthi, Mr. Kamal
Shankar and Mr.Pradyuman Sharma,
Advocates.
Mr. Tarun Johri with Mr.Ankur
Gupta, Advocates for respondent
Nos.2 to 7.
Mr. Rahul Malhotra with
Mr.Manoranjan Sharma, Advocates
for respondent Nos.8 to 12.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE MANOJ JAIN
ORDER
% 13.09.2023 CAV 460/2023 Since learned counsel for the respondents have entered appearance, the caveat stands discharged.
CONT.APP.(C) 49/2023, CM APPL. 46191/2023, CM APPL. 46192/2023, CM APPL. 46193/2023, CM APPL. 46194/2023 & CM APPL. 46195/2023
1. Pursuant to the objection raised by the respondents in the present appeal on 06.09.2023 that the subject appeal is not CONT.APP.(C) 49/2023 1 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 16/09/2023 at 18:53:20 maintainable in view of the decision of this Court dated 29.08.2023 in CONT.APP.(C) 45/2023 titled Reenu Ruhela vs. Ashwani Kumar Kansal & Anr. as well as the decision of the Supreme Court in D.N. Taneja vs. Bhajan Lal: (1988) 3 SCC 26, learned senior counsel for the appellant submits that the Supreme Court in Midnapore Peoples' Co-Op. Bank Ltd. & Ors. vs. Chunilal Nanda & Ors. : 2006 5 SCC 399 considered D.N. Taneja (supra) and held that in certain circumstances an intra-court appeal would lie and he accordingly seeks leave to withdraw the appeal reserving the rights of the appellant to take appropriate proceedings in accordance with law.
2. Learned senior counsel for the respondents objects to the maintainability of even an intra-court appeal in the facts and circumstances of the present case.
3. In view of the above, without prejudice to the rights and contentions of the parties, the appeal is dismissed as withdrawn. All rights and contentions of the parties are reserved.
SANJEEV SACHDEVA, J MANOJ JAIN, J SEPTEMBER 13, 2023 st CONT.APP.(C) 49/2023 2 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 16/09/2023 at 18:53:20