Jss Buildcon Pvt.Ltd & ORS. v. Bhanvi Buildtech Pvt.Ltd. & ORS.

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CO.A(SB) 12/2016 JSS BUILDCON PVT.LTD & ORS.

..... Appellants Through:

Mr. H.L. Tiku, Sr. Advocate with Mr.

Sudeep Kumar Shrotiya, Mr. Sumit Paliwal & Mr. A.K. Upadhyay, Advocates versus BHANVI BUILDTECH PVT.LTD. & ORS.

..... Respondents Through:

Mr. Arun Vohra, Mr. Dilip Kumar & Ms. Akriti Vohra, Advs. for R-1 & 2 Mr. Sudeep Kumar Shrotiya, Adv. for R-3 & 4

CORAM:

HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA

O R D E R

% 19.04.2016 Learned senior counsel appearing for the appellants, on instructions, wishes to withdraw the instant appeal. He states that he has been advised to approach the Company Law Board for any grievance including any variation in the impugned orders, which would obviously be considered by that Board on its own merits. Counsel for respondent Nos. 1 and 2 states that, of course, without prejudice to the rights of his clients on merits, he has no objection to the same, and that any such prayer made would also be contested by his clients.

Consequently, the appeal is dismissed as not pressed. CO.A(SB) 12/2016

It is made clear that no opinion is being expressed on the merits of the matter one way or the other.

At this stage, Mr. Tiku seeks liberty from this Court to move an appropriate application before the Company Law Board. It is made clear that while it would be open to the appellant to seek all remedies before the Company Law Board as per law, any grant of liberty by this Court must not be misconstrued by the Company Law Board to think that any merit has been found in the appeal, prima facie, or otherwise by this Court. And therefore, any action initiated in this behalf by the appellant would be seen as per law by the Company Law Board.

SUDERSHAN KUMAR MISRA, J.

APRIL 19, 2016 rd CO.A(SB) 12/2016