Vidur Bharadwaj v. Horizon Crest India Real Estate & ORS.
$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS)(COMM) 73/2020 VIDUR BHARDWAJ ..... Appellant Through:
Mr.Darpan Wadhwa, Sr.Advocate with Mr.Dhananjay Jain, Advocate.
versus HORIZON CREST INDIA REAL ESTATE & ORS...... Respondents Through:
Mr.Saurav Agrawal with Mr.Madhav Misra, Mr.Rajat Taimni, Mr.Rubhu Garg, Mr.V.K. Misra and Mr.Akash, Advocates for R1 to R6.
Mr.Rishi Kapoor with Mr.Kartik Bhardwaj and Mr.Abhay Kaushik, Advocates for R23 to 37, R40 and R41.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R
% 29.06.2020 HEARD THROUGH VIDEO CONFERENCING.
CM APPLs. 13603/2020 and 13604/2020 (Exemption) Allowed, subject to all just exceptions.
FAO(OS)(COMM) 73/2020 and CM APPL. 13602/2020 (Stay) 1.
The present appeal has been filed under Section 13 of the Commercial Courts Act assailing an order dated 11.06.2020, passed by the learned Single Judge in OMP(I) 217/2019.
FAO(OS)(COMM) 73/2020 Page 1 of 2
2.
At the outset, we have requested Mr.Wadhwa, learned Senior Advocate appearing for the appellant to address this Court on the maintainability of the present appeal particularly when Section 37 of the Arbitration and Conciliation Act, 1996 (in short 'the Act'), permits an appeal only against an order granting or refusing to grant any measure under Section 9 of the Act and under the impugned order, the learned Single Judge has neither granted nor refused to grant any measure. Instead, the Court has only reiterates an earlier order dated 28.01.2020 passed in the captioned OMP.
3.
Learned Senior Advocate, states on instructions that the appellant may be permitted to withdraw the present appeal while reserving his right to seek further time before the learned Single Judge for complying with the order 28.01.2020 reiterated on 11.06.2020, as the matter is listed today on the Original side of the Court.
4.
Leave as prayed for, is granted. The present appeal is disposed of as not pressed, along with the pending application. HIMA KOHLI, J SUBRAMONIUM PRASAD, J JUNE 29, 2020 tr FAO(OS)(COMM) 73/2020 Page 2 of 2