Impresario Entertainment & Hospitality Pvt Ltd v. S & D Hospitality

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 7/2018 and CM No. 1771/2018 IMPRESARIO ENTERTAINMENT & HOSPITALITY PVT LTD.

..... Appellant Through Mr. Sai Krishna and Ms. Shikha Sachdeva and Mr. Prashant Kalia, Advs.

versus S & D HOSPITALITY ..... Respondent Through Mr. Hemant Deswani and Mr. Suvrat Bahuguna, Advs.

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 07.03.2018 Learned counsel for the appellant states that Delhi High Court has jurisdiction, in terms of Section 134(2) of the Trademark Act, 1999. He submits that the appellant's would file an application for review before the Single Judge as the said section and provision has not been considered and examined in the order dated 03.01.2018. Learned counsel for the appellant accordingly seeks permission to withdraw the present appeal, with liberty to challenge the order dated 03.01.2018, at a subsequent stage, if required and necessary. In view of the aforesaid statement, the appeal is dismissed as withdrawn. In case the appellant files an application for review, the

same would be considered in accordance with law. It is make it clear that we have not expressed any opinion on the said aspect. However, in case of an adverse order, it will be open to the appellant to file a composite appeal also impugning order dated 03.01.2018. SANJIV KHANNA, J CHANDER SHEKHAR, J MARCH 07, 2018 b