Appeal dismissed as withdrawn. Appellant granted liberty to pursue interim applications (Order 39) before the Single Judge on merits. Court expressly reserved its opinion on the merits of the dispute.
Appeal dismissed as withdrawn with liberty to pursue Order 39 applications before the Single Judge on merits.
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$~30
KEYSTONE REALTORS PVT LTD ..... Appellant Through : Mr C. M. Lall with Ms Nancy Roy, Mr Rupin Bahl and Ms Adya Khanna
versus
CENTRAL PARK ESTATES PVT LTD & ANR ..... Respondents Through : Mr Amit Sibal, Sr Advocate with Mr Ankit Sahni and Mr Tahir Ashraf Siddiqui
CORAM:
HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR. JUSTICE SANJEEV SACHDEVA
%
O R D E R 09.03.2016
The proposal given by Mr Lall on 25.02.2015 is not acceptable to the respondents. As such, the appellant is not bound by that offer. Mr Lall, the learned counsel for the appellant, seeks permission to withdraw this appeal with liberty to pursue his application under Order 39 Rule 4 CPC before the learned Single Judge. That application (IA No. 22645/2015) and the application under Order 39 Rules 1 and 2 CPC (IA14098/2015) filed on behalf of the respondents shall be considered by the learned Single Judge on merits. We are making it clear that we have not expressed any opinion on the merits of the matter.
The appeal is dismissed as withdrawn with the aforesaid liberty.
BADAR DURREZ AHMED, J
MARCH 09, 2016 SR
SANJEEV SACHDEVA, J
3 issues framed by the court
Whether the appellant can withdraw the appeal with liberty to pursue interim applications before the Single Judge.
Whether the applications for temporary injunctions before the Single Judge shall be considered on merits.
Whether the High Court expresses any opinion on the merits while allowing withdrawal of the appeal.
2 provisions across 1 enactments
KEYSTONE REALTORS PVT LTD
CENTRAL PARK ESTATES PVT LTD
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
