M/S Konark Infra Developers Pvt Ltd & ORS v. India Affordable Housing Solutions (Iahs)

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) 94/2018 M/S KONARK INFRA DEVELOPERS PVT LTD & ORS ..... Appellants Through:

Ms. Ashima Mandala, Ms. Mandakani Singh and Mr. Abhishek Arora, Advs.

versus INDIA AFFORDABLE HOUSING SOLUTIONS (IAHS) ..... Respondent Through:

Mr. O.N. Sharma, Adv.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 10.10.2018 CM No. 23872/2018 (for delay) This is an application filed by the appellant / applicant seeking condonation of 15 days delay in filing the appeal. For the reasons stated in the application delay of 15 days in filing the appeal is condoned.

Application stands disposed of.

FAO(OS) 94/2018 In view of the objection raised by the respondent that an order granting leave in a proceeding under Order 37 Rule 3 (5) is not amenable to

an appeal under Order XLIII Rule 1 CPC, learned counsel for the appellant prays for permission to withdraw the appeal with liberty to take recourse to such remedy as available for impugning the impugned order dated 3rd April, 2018. She is permitted to do so. The appeal is dismissed as withdrawn with liberty as prayed for.

CM. Nos. 30663/2018 & 40633/2018 Dismissed as infructuous.

Dasti under the Signature of the Court Master. CHIEF JUSTICE V. KAMESWAR RAO, J OCTOBER 10, 2018/jg