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High Court of DelhiRFA(OS)/28/2016

Rajendra Gupta & ORS v. Rahul Jain & ORS

2016-09-21Hon'Ble Mr. Justice Pradeep Nandrajog,Hon'Ble Ms. Justice Pratibha Rani2 pages

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA(OS) 28/2016 RAJENDRA GUPTA & ORS ..... Appellants Represented by:

Mr.V.K.Malik, Advocate Mr.Gaurav Kakar, Advocate along with Mr.Nishant Anand, Advocate with the appellants in person versus RAHUL JAIN & ORS ..... Respondents Represented by:

Mr.Raunak Jain, Advocate for R-1 to R-8

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 21.09.2016 RFA(OS) 28/2016 1.

Mr.V.K.Malik, Advocate prays for his vakalatnama to be discharged because the appellants have withdrawn the brief from him and handed over the brief to Mr.Gaurav Kakar, Advocate, who appears along with the appellants in Court today.

2.

Vakalatnama in favour of Mr.V.K.Malik, Advocate executed by the appellants is discharged.

3.

Statement of appellants on oath has been recorded in presence of their counsel. The appellants have signed the statement in presence of their RFA(OS) 28/2016

counsel who has identified the appellants and beneath the signatures of the appellants made on the statement has signed the same. 4.

In view of the statements made by the appellants the appeal is dismissed as not pressed. Simultaneously the appellants' undertaking contained in the application is treated as an undertaking to the Court and forms the consideration for waiving costs imposed upon the appellants in sum of `2,00,000/- by the learned Single Judge as per the order dated March 14, 2016.

5.

Dismissing the appeal as withdrawn and accepting the undertaking given by the appellants and binding the appellants to the same, costs imposed in sum of `2,00,000/- against the appellants under the impugned order dated March 14, 2016 is waived.

6.

Parties shall bear their own costs in the appeal. CM Nos.12229/2016, 12230/2016, 17880/2016 & 32220/2016 In view of the appeal being dismissed as withdrawn above captioned civil miscellaneous applications are dismissed as infructuous. PRADEEP NANDRAJOG, J.

PRATIBHA RANI, J.

SEPTEMBER 21, 2016 'pg'

RFA(OS) 28/2016