The bench, while allowing an exemption prayer, dismissed an appeal filed against an interim order dated 02.12.2015 under Order XXXIX CPC. The appellants withdrew the appeal with liberty to seek an early hearing for a fresh application.
Appeal dismissed as withdrawn with liberty to move for early hearing.
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POLAR MARMO AGGLOMERATES LTD (PMAL) & ANR
..... Appellants Through Mr Ravi Sikri, Sr Advocate with Mr Deepak Yadav, Advocate. versus IFCI & ANR ..... Respondents Through None.
CORAM: HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR. JUSTICE SANJEEV SACHDEVA O R D E R % 18.01.2016 CM No.1353/2016 (exemption)
Exemption is allowed subject to all just exceptions.
FAO(OS) 16/2016 & CM No.1352/2016 (stay)
The order, which is impugned before us in this appeal, has been passed by the learned Single Judge on 02.12.2015 in IA No.24665/2015 under Order XXXIX Rules 1 & 2 CPC. The learned Single Judge has issued notice, returnable on 10.02.2016. The appellants are aggrieved by the fact that no interim order was passed. Since the matter is to come up on 10.02.2016 and, it is always open to the appellants/plaintiffs to move an application for early hearing of that application in view of any intervening circumstances, the learned counsel for the appellants seeks permission to withdraw this appeal with the said liberty.
The appeal is dismissed as withdrawn with the aforesaid liberty. Dasti .
BADAR DURREZ AHMED, J
SANJEEV SACHDEVA, J
JANUARY 18, 2016/st
1 provisions across 1 enactments
Polar Marm Agglomerates Ltd & Anr
IFCI & Anr
Badar Durrez Ahmed
Sanjeev Sachdeva
As recorded by the court registry
An appeal to a Division Bench against an order made by a single judge on the original side of the High Court.
Judgements on the same questions, provisions and authorities, from every court
