Dsm Fresh Foods Pvt Ltd v. Ankur Gupta & ORS.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) 41/2020 and CM APPL. 16214-16/2020 DSM FRESH FOODS PVT LTD ..... Appellant Through: Mr. Rajan Raj, Advocate versus ANKUR GUPTA & ORS.

..... Respondents Through: Mr. Rajshekhar Rao, Mr. Prasouk Jain, Ms. Rabiya Thakur and Mr. Karan Sinha, Advocates

CORAM:

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

O R D E R

% 27.07.2020 HEARD THROUGH VIDEO CONFERENCING 1.

The appellant has filed the present appeal purportedly under Order XLIII Rule (1) of the CPC read with Section 10 of the Delhi High Court Act, 1966 praying inter alia for seeking clarification/modification of the orders dated 16.06.2020, 19.06.2020, 07.07.2020 and 15.07.2020, passed by the learned Single Judge in CS(OS) 141/2020.

2.

At the outset, we have requested Mr. Rajan Raj, learned counsel for the appellant to address us on the maintainability of the present appeal under Order XLIII Rule (1) of the CPC, when none of the impugned orders fall under any of the category of cases specified in the said provision. 3.

After examining the aforesaid provision, learned counsel for the appellant fairly states that he may be permitted to withdraw the present appeal while reserving the right of the appellant to approach the learned FAO(OS) 41/2020 Page 1 of 2

Single Judge for seeking review of the orders dated 16.06.2020, 19.06.2020, 07.07.2020 and 15.07.2020.

4.

Leave, as prayed for, is granted. The appeal is dismissed as withdrawn alongwith the pending applications.

HIMA KOHLI, J SUBRAMONIUM PRASAD, J JULY 27, 2020 rkb FAO(OS) 41/2020 Page 2 of 2