Flying Horse Impex Pvt Ltd v. M/S Dhruv Impex Through Its Proprietor & ORS.
$~86 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 3158/2024 & CM APPL. 46122/2024 FLYING HORSE IMPEX PVT LTD .....Petitioner Through:
Mr. Krishan Kumar with Mr. Shivam Bedi, Advocates.
versus M/S DHRUV IMPEX THROUGH ITS PROPRIETOR & ORS. .....Respondents Through:
None.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
O R D E R
% 12.08.2024 1.
After hearing the arguments for some time, learned counsel for petitioner states that he does not wish to press the present petition. He also prays for liberty to file appropriate application before the learned Trial Court itself seeking revival of the suit in accordance with law. 2.
He also states that the decree in question has, in fact, become a nullity as during the pendency of the matter, defendant had expired but somehow this fact never came to the knowledge of the plaintiff. 3.
In view of the aforesaid premise, he states that he would move appropriate application before learned Trial Court seeking revival of the suit which had otherwise been decreed in his favour. 4.
The present petition is disposed of as withdrawn. 5.
Liberty, as prayed for, is granted as the petitioner is always at liberty to take recourse to remedy as available under law. MANOJ JAIN, J AUGUST 12, 2024/sw The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/08/2024 at 11:30:33