M/S Progressive Construction Ltd v. Himadri Shankar Roy Proprietor Of M/S Lds Engineers And ANR.

$~87 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO 300/2024 & CM APPL. 55126/2024 & CM APPL. 55128/2024 M/S PROGRESSIVE CONSTRUCTION LTD .....Appellant Through:

Mr. Chinmoy Pradip Sharma, Sr.

Advocate with Mr. Ashish Pandey, Mr. Irfan Hasieb, Ms. Suman Kumar, Mr. Krishna Jyoti Deka and Mr.

Rajeev Ranjan, Advocates.

versus HIMADRI SHANKAR ROY PROPRIETOR OF M/S LDS ENGINEERS AND ANR.

.....Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 20.09.2024 CM APPL. 55127/2024 (Exemption) Exemption allowed, subject to all just exceptions. FAO 300/2024 1.

Learned counsel for the petitioner submits that the judgment in question i.e. judgment dated 18th September, 2012 was not an ex-parte judgment and the proper remedy would have been to challenge the aforesaid judgment by filing Regular First Appeal (RFA), instead of filing an application under Order IX Rule 13 CPC.

2.

After hearing arguments for some time, learned counsel for the FAO 300/2024 1 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 02/07/2025 at 23:30:41

petitioner seeks to withdraw the present petition with liberty to avail other remedies as available under law for challenging the aforesaid judgment. 3.

Petition is disposed of as not pressed.

4.

Liberty, as prayed, is granted.

MANOJ JAIN, J SEPTEMBER 20, 2024/ss FAO 300/2024 2 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 02/07/2025 at 23:30:41