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Zostel Hospitality Private Limited vs Oravel Stays Private Limited & Anr on 8 December, 2021

Author: Siddharth Mridul

Bench: Siddharth Mridul, Anup Jairam Bhambhani

                          $~S-3

                          *       IN THE HIGH COURT OF DELHI AT NEW DELHI


                          +       FAO(OS) (COMM) 154/2021, CM APPL.42765/2021 (Interim
                                  Reliefs) and CM APPL.42766/2021 (Exemption)



                                  ZOSTEL HOSPITALITY PRIVATE LIMITED

                                                                                 ..... Appellant

                                                    Through:   Mr. Amit Sibal, Senior Advocate
                                                               with Mr. Abhishek Malhotra,
                                                               Ms.Shilpa Gamnani, Ms. Asmaja
                                                               Tripathy,    Mr.       Kaustabh,
                                                               Mr.Vinamra      Kopariha     and
                                                               Ms.Anjali Tiwari, Advocates.

                                                    versus

                                  ORAVEL STAYS PRIVATE LIMITED & ANR.

                                                                           ..... Respondents

                                                    Through:   Mr. Mukul Rohatgi, Senior
                                                               Advocate with Ms. Anuradha
                                                               Dutt,   Mr.     Lynn     Pereira,
                                                               Mr.Avimukt Dar, Mr. Mayank
                                                               Mishra, Ms. Suman Yadav,
                                                               Mr.Haaris Fazili, Ms. Vaishnavi
                                                               Rao,   Mr.    Ayush     Dhawan,
                                                               Mr.Kunal Dutt and Ms. Prerna
                                                               Sharma, Advocates for R-1 and R-
                                                               2.

Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:09.12.2021   FAO(OS) (COMM) 154/2021                                     Page 1 of 3
17:30:55
                                 CORAM:
                                HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
                                HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

                                                    ORDER

% 08.12.2021 CAVEAT NO.75/2021 Since learned counsel for the Caveators/respondents has appeared, the caveat stands discharged.

FAO(OS) (COMM) 154/2021 CM APPL.42765/2021 (Interim Reliefs) and CM APPL.42766/2021 (Exemption) The present appeal has been instituted on behalf of the appellant, M/s. Zostel Hospitality Private Limited assailing order dated 18.11.2021 whereby, in sum and substance, the learned single Judge has declined to advance the date of hearing of IA No. 10692/2021 in OMP (I) (COMM) No. 290/2021, observing as under:

"Given the position of the board of this Court, and the number of part-heard matters which are pending and the number of working days left this year, it is impossible to accede to the request of Mr. Malhotra.".

It is pertinent to observe at this stage that OMP (I) (COMM) No. 290/2021 and IA No. 10692/2021 are in any event listed for hearing before the learned single Judge on 04.01.2022.

After some arguments, Mr. Amit Sibal, learned Senior Advocate appearing on behalf of the appellant, seeks leave to withdraw this appeal in view of the circumstance that it essentially assails the learned single Judge having declined to advance the date of hearing of the proceedings pending before him.

Leave granted.

17:30:55 The appeal is dismissed as withdrawn and disposed of accordingly. Pending applications, if any, also stand disposed of.

Needless to state however, that since an element of exigency has been expressed in relation to the subject-matter of the present proceedings inasmuch as an IPO is proposed to be issued by the respondent M/s. Oravel Stays Limited, it would be appropriate for the learned single Judge to hear the matter as expeditiously as possible, without granting any unwarranted adjournment to learned counsel for the parties.

SIDDHARTH MRIDUL, J.

ANUP JAIRAM BHAMBHANI, J.

DECEMBER 08, 2021/'AA' Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:DURGESH NANDAN Signing Date:09.12.2021 FAO(OS) (COMM) 154/2021 Page 3 of 3 17:30:55