Delhi High Court - Orders
(Exemption) Punjab National Bank vs Asian Hotels (North) Limited And Ors on 4 May, 2023
Author: Siddharth Mridul
Bench: Siddharth Mridul
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS) (COMM) 88/2023, CM APPL. 22993/2023 (Stay), CM
APPL. 22994/2023 (Exemption) & CM APPL. 22995/2023
(Exemption)
PUNJAB NATIONAL BANK ..... Appellant
Through: Mr. Rajesh Rattan, Advocate.
Versus
ASIAN HOTELS (NORTH) LIMITED AND ORS
..... Respondents
Through: Mr. Karan Bharioke, Mr. Gurpreet
Singh Bagga and Ms. Satakshi
Singh, Advocates for R-1.
Mr. Sidhant Kumar, Ms. Manyaa
Chandok and Dr. Joginder Singh,
Advocates for R-2 and R-3.
Mr. Raunak Dhillon and Ms.
Madhvi Khanna and Mr. Nihaad
Dewan, Advocates for R-5.
Mr. Nishant Awana, Ms. Rini
Badoni, Advocates for R-8.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 04.05.2023 CM APPL. 22994/2023 (Exemption from filing copy of impugned order and dim annexures) & CM APPL. 22995/2023(Exemption from filing lengthy synopsis and lists of dates) Exemption allowed, subject to all just exceptions. The application stands disposed of accordingly.
Signature Not Verified Digitally Signed By:AANCHAL TAGGAR FAO(OS) (COMM) 88/2023 Page 1 of 3 Signing Date:04.05.2023 15:49:40FAO(OS) (COMM) 88/2023 The present appeal under order XLIII Rule 1 read with Section 151 of the Code of Civil Procedure, 1908, has been instituted on behalf of the appellant, praying as follows:-
"In view of the abovementioned facts and circumstances, and taking into account the grounds given above, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to:
(a) Set aside/ quash the Impugned Order dated March 3, 2023 passed by the Ld. Single Judge of the Hon'ble Court in I.A. No. 1746 of 2023 in CS (Comm) No. 128 of 2022;
(b) Pass such other order or orders as this Hon'ble Court may deem fit and proper under the circumstances of the case."
Learned counsel appearing on behalf of the appellant seeks leave to withdraw this appeal with liberty to canvas all the legal issues raised herein; by way of an appropriate application inter alia seeking modification, variation or recall of the impugned order dated 03.03.2023 rendered by the learned Single Judge in I.A. No. 1746/2023 in CS (COMM) NO. 128/2022, in accordance with law.
Leave and liberty granted.
In view of the urgency expressed by learned counsel appearing on behalf of for the appellant, the learned Single Judge is requested to determine the application when filed as expeditiously as possible.
No further reliefs are prayed for.
With the above directions, the present appeal is dismissed as withdrawn and disposed of according1ly. Pending application also stands disposed of.
Copy of this order be given dasti under the signature of Court Signature Not Verified Digitally Signed By:AANCHAL TAGGAR FAO(OS) (COMM) 88/2023 Page 2 of 3 Signing Date:04.05.2023 15:49:40 Master.
Copy of this order be also uploaded on the website of this Court.
SIDDHARTH MRIDUL, J MINI PUSHKARNA, J MAY 4, 2023/mr Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:AANCHAL TAGGAR FAO(OS) (COMM) 88/2023 Page 3 of 3 Signing Date:04.05.2023 15:49:40