M/S High Time Marketing Pvt Ltd & ORS v. Sparsh Gems Pvt Ltd & ANR

$~ $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) 207/2019 M/S HIGH TIME MARKETING PVT LTD & ORS ..... Appellants Through:

Mr Rajiv Bajaj and Ms Sangita Wadhwa, Advocates.

versus SPARSH GEMS PVT LTD & ANR ..... Respondents Through:

None.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

O R D E R

% 21.10.2019 CM 46231/2019 (exemption) 1.Allowed, subject to all just exceptions.

FAO(OS) 207/2019 & CM 46232/2019 (stay) 2.This appeal is directed against an order dated 10th October, 2019, passed by the learned Single Judge, declining to recall an earlier order dated 30th September, 2019 passed in IA No.12226/2019, filed by the Respondents / Plaintiffs under Order XXVI Rule 9 CPC, seeking the appointment of the Local Commissioner.

3.Having heard learned counsel for the Appellants, this Court is satisfied that the order dated 30th September, 2019, of which recall was sought, and the impugned order dated 10th October, 2019 declining to recall the above

order, are sufficiently clear and unambiguous and do not require any further clarification.

4. The appeal is misconceived and is dismissed as such. The pending application is also disposed of.

S. MURALIDHAR, J.

TALWANT SINGH, J.

OCTOBER 21, 2019 rd