The High Court of Delhi permitted the appellant to withdraw an application, dismissed the application as withdrawn, and noted that the related impugned order would not survive insofar as it concerned that application.
Liberty to withdraw the application; application stands dismissed as withdrawn.
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MICROMAX INFORMATICS LIMITED ..... Appellant Through : Mr Balbir Singh, Sr Advocate with Mr Sameer Jain, Mr Ankit Vijaywargiya and Ms Nishtha Sikraria
versus
TELEFONAKTIEBOLAGET LM ERICSSON (PUBL) AND ORS ..... Respondents Through : Mrs Prathiba M. Singh, Sr Advocate with Ms Saya Choudhary, Mr Ashutosh Kumar, Mr Adhithya Jayaraj and Mr Rohin K. for R-1. Mr Kamal Nijhawan for R-2.
CORAM:
HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR. JUSTICE SANJEEV SACHDEVA
O R D E R % 18.03.2016
The learned counsel for the appellant states that he may be granted liberty to withdraw IA 598/2015 which has been filed in CS(OS) 442/2013 in which the impugned order dated 08.02.2016 has been passed.
After hearing the learned counsel for the appellant as also the learned counsel for the respondent No.2(Directorate General of Central Excise Intelligence), we are permitting the appellant to withdraw the said application. IA No. 598/2015 stands dismissed as withdrawn.
Consequently, the order dated 08.02.2016 also does not survive insofar as it relates to IA 598/2015. The DGCEI shall be entitled to take action in accordance with law
independently. The appellant would also be entitled to take recourse to such remedies as
may be available to it in law.
The appeal stands disposed of.
BADAR DURREZ AHMED, J
MARCH 18, 2016 SR
SANJEEV SACHDEVA, J
2 issues framed by the court
Whether the appellant should be granted liberty to withdraw a specific application filed in a subordinate proceeding.
Whether the impugned order survives the withdrawal of the said application.
Micromax Informatics Limited
Telefonaktiebolaget LM Ericsson (Publ) And Ors
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.
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