Heavens Incorporation v. Kunti Sharnam Builders Pvt Ltd & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RFA 204/2018 and C.M. Appl. Nos. 7470-72/2018 HEAVENS INCORPORATION ..... Appellant Through:

Mr. Salar M. Khan and Mr. Abhigyan Choudhary, Advocates.

versus KUNTI SHARNAM BUILDERS PVT LTD & ORS ..... Respondents

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 27.02.2018 1.

After arguments, this appeal is disposed of as not pressed, inasmuch as, dismissal of a suit under Section 69 of the Indian Partnership Act, 1932 on account of the plaintiff partnership firm being not registered under the Partnership Act would be a ground which will be used by the appellant/plaintiff for exemption under Section 14 of the Limitation Act, 1963 with respect to the fresh suit which the plaintiff proposes to file.

2.

Accordingly, while allowing the appellant/plaintiff to withdraw this appeal it is observed that in case the appellant/plaintiff files an application in the fresh suit under Section 14 of the Limitation Act, the concerned court will liberally consider the same in accordance with law.

RFA 204/2018

3.

The appeal is disposed of with the aforesaid observations. VALMIKI J. MEHTA, J FEBRUARY 27, 2018 AK RFA 204/2018