M/S Sharan Dynamics Construction & Builders P Ltd v. Sudhesh Pruthi & ORS

$~21 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO(OS) 30/2020 M/S SHARAN DYNAMICS CONSTRUCTION & BUILDERS P LTD ..... Appellant Through: Mr. Rajiv Virmani, Sr. Advocate with Mr. G.S. Narula and Mr. M. Sarwar, Advocates.

versus SUDHESH PRUTHI & ORS ..... Respondents Through: Mr. Yugansh Mittal, Mr. K.C. Mittal and Ms. Ruchika Mittal, Advocate for R-1 & R-2 Mr. Rama Shankar, Advocate for R-3.

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 13.03.2020 Caveat No. 228/2020 1.

Appearance is entered on behalf of the caveators/ respondents, who state that a complete set of the paper book has been served on them. 2.

In view of the above, the caveat stands discharged. FAO(OS) 30/2020, C.M. No. 9650/2020 (stay) and C.M. No. 9651/2020 (exemption) 1.

The appellant is aggrieved by the order dated 13.2.2020 passed by the learned Single Judge whereunder, all the parties have been restrained from entering, occupying and/or using the ground floor and basement of premises FAO(OS) 30/2020

No. S-492, G.K.-I, New Delhi for any purposes, whatsoever and from dealing with it in any way.

2.

It is submitted by Mr. Virmani, Senior Advocate appearing on behalf of the appellant that instead of pressing the present appeal, the appellant may be granted leave to file an appropriate application in the suit proceedings for seeking variation/modification of the impugned order. 3.

Without making any observations on merits of pleas taken to assail the impugned order, leave is granted to the appellant to file an appropriate application, which shall be considered and decided by the learned Single Judge in accordance with law.

4.

The present appeal is disposed of as not pressed along with the pending applications.

HIMA KOHLI, J SUBRAMONIUM PRASAD, J MARCH 13, 2020 ap/rkb FAO(OS) 30/2020