Sunil Chawla & ANR v. Aero Club

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.APP.(C) 3/2018 SUNIL CHAWLA & ANR ..... Appellants Through:

Mr. Yusuf Khan, Advocate versus AERO CLUB ..... Respondent Through:

Mr. Sanjay Jain, Sr. Advocate with Ms. Shwetasree Majumdar, Mr.Prithvi Singh, Ms.Pritika Kohli, Advocates

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 01.05.2018 CM No.17423/2018 Exemption allowed, subject to all just exceptions. CM No.17422/2018 This is an application for condonation of delay of 57 days in filing of this intra-Court appeal. The application is not opposed and the same is accordingly allowed.

CONT.APP.(C) 3/2018 At the outset, learned senior counsel for the respondent, who is present on advance notice, states that the present appeal is not maintainable as no final findings have been recorded in the impugned order dated 19th January, 2018.

It is also stated that the petitioner had earlier invoked remedy under Article 136 of the Constitution of India by filing Special Leave to Appeal

(Civil) No.6682/2018 impugning the same order which the petitioner had withdrawn unconditionally.

Learned senior advocate had stated that observations made in the first paragraph of the impugned order records a prima facie view on the question of limitation.

In view of the aforesaid position, learned counsel for the appellant seeks permission to withdraw the present appeal. The appeal is dismissed as withdrawn.

SANJIV KHANNA, J CHANDER SHEKHAR, J MAY 01, 2018 MR/pk