Khanna Carrying Corporation v. Municipal Corporation Of Delhi & ORS

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 259/2015, C.M. APPL.7961/2015 KHANNA CARRYING CORPORATION ..... Appellant Through : Sh. Sachin Chopra with Sh. Shubhnit Hans, Advocates.

versus MUNICIPAL CORPORATION OF DELHI & ORS..... Respondents Through : Sh. Vivek Goyal, CGHC, for UOI.

Sh. Balendu Shekhar and Sh. Vivek Jaiswal, Advocates, for SDMC.

Sh. Ajjay Aroraa and Sh. Kapil Dutta, Advocate, for NDMC.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE DEEPA SHARMA

O R D E R

% 19.02.2016 After some hearing, learned counsel for the appellant sought liberty to withdraw the appeal but urged that the observations in the impugned order should not be construed as conclusive as regards the proceedings as far as his defence in the criminal proceedings are concerned.

It is, therefore, clarified that all rights and defences available to the appellant, including the legality of the criminal proceedings are kept open. The Economic Offences Wing (EOW) would consider the question whether the ingredients of the offence alleged were made out against the appellant independently of the observations. The appeal is

accordingly dismissed as withdrawn.

S. RAVINDRA BHAT, J DEEPA SHARMA, J FEBRUARY 19, 2016 'ajk'