Ashutosh Enterprises v. Hamdard Laboratories & ANR.

$~65 & 66 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(I) (COMM.) 82/2016 ASHUTOSH ENTERPRISES ..... Petitioner Through Mr.Chetan Sharma, Adv.

with Mr.Manoj Sharma, Ms.Mehak Nakra, Mr.Kapil Kaushik and Mr.Amit Gupta, Advs.

versus HAMDARD LABORATORIES & ANR.

..... Respondents Through Mr.Harish Malhora, Sr. Adv. with Mr.Simran Mehta, Mr.Saket Sikri, Mr.Pawan Upadhyay, Mr.Rajesh Chhetri, Ms.Swati R.K., Mr.Rajeev Chhetri and Ms.Meenakshi Rawat, Advs. for R-1.

Mr.J.P. Sengh, Sr. Adv. with Mr.Ajay Sharma and Ms.Poonam Lao, Adv.

for R-1 & 2.

+ O.M.P.(I) (COMM.) 83/2016 SHREE RANI SATI SALES PVT. LTD.

..... Petitioner Through Mr.Chetan Sharma, Adv.

with Mr.Manoj Sharma and Ms.Mehak Nakra, Advs.

versus HAMDARD LABORATORIES (INDIA) & ANR. ..... Respondents Through Mr.Harish Malhora, Sr. Adv. with Mr.Simran Mehta, Mr.Saket Sikri,

Mr.Pawan Upadhyay, Mr.Rajesh Chhetri, Ms.Swati R.K., Mr.Rajeev Chhetri and Ms.Meenakshi Rawat, Advs. for R-1.

Mr.J.P. Sengh, Sr. Adv. with Mr.Ajay Sharma and Ms.Poonam Lao, Adv.

for R-1 & 2.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN SINGH

O R D E R

% 16.05.2016 I.A. No.6167/2016 (u/o XXIII R 1 CPC) & O.M.P.(I) (COMM.) 82/2016 I.A. No.6168/2016 (u/o XXIII R 1 CPC) & O.M.P.(I) (COMM.) 83/2016 The above mentioned application has been filed by the petitioner to withdraw the present petitions in view of the averments made in paras 2 and 3 of the application. The same read as under: "2. That as submitted in the Petition and thereafter during the course of proceeding of the abovementioned Petition the inter-se disputes between Chief Mutawalli and Mutawallis has become apparent that Mr. Abdul Majeed is disputing the authority 'of Respondent No.1 & 2.

3. That on 11.05.2016 the Counsel appearing for Respondent-No. 1&2 had handed over and also placed on record the copy of the Extracts of the Resolution passed in Majlis-e-Ayan, which is the highest decision making body of Respondent No. 1. The 'said Resolution confirms the Decision dated 09.02.2016 of the Chief Mutawalli which declares the decision of Mr. Abdul Majeed regarding the termination of C&F Agent Agreement of the Petitioner as null and void. The copy of the Resolution dated 04.05.2016 passed in Majlis-eAyan is annexed herewith as Annexure P-l."

Counsel for the contesting respondent disputes the same. According

to the petitioner, it is a valid resolution.

In view of paras 2 and 3 of the application, the present petitions are dismissed as withdrawn. The interim order already granted stands vacated. MANMOHAN SINGH, J.

MAY 16, 2016/jk