Mukul Shau Jain v. Bharat Nidhi Ltd & ANR

$~26 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CM(M) 83/2018 and CM APPL.2300-2301/2018 MUKUL SHAU JAIN ..... Petitioner Through:

Mr. A.K. Singla, Senior Advocate with Mr. Vipul Pankaj Sanghi, Adv.

& Ms. Ananya K. Sanghi, Advocate versus BHARAT NIDHI LTD & ANR ..... Respondents Through

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 19.01.2018 After some hearing the counsel for the petitioner submits, on instructions, that he may be allowed to withdraw the present petition and the applications filed therewith and instead given liberty to raise all defences that have been urged before the executing Court in Delhi, in the event of the transferee Court at Mumbai proceeding against the petitioners for execution of the decree in question including on the grounds raised as objections in terms of Section 50 of the Code of Civil Procedure, 1908 (CPC) which have not been adjudicated upon by the executing Court at Delhi. The petition and the applications filed therewith are dismissed as withdrawn with liberty as prayed for granted. Dasti.

R.K.GAUBA, J.

JANUARY 19, 2018 vk