M/S Meera Enggineering Company v. Dsiidc & ANR

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 475/2018, CM Nos. 33931-33932/2018 M/S MEERA ENGGINEERING COMPANY ..... Appellant Through:

Mr. A.K. Singla, Sr. Adv. with Mr. Prasoon Kumar & Mr. Jugesh Kr.

Advs.

versus DSIIDC & ANR ..... Respondent Through:

Ms. Nikita Salwan, Adv.

CORAM:

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

O R D E R

% 23.08.2018 CM No. 33932/2018 (for exemption) Exemption allowed subject to all just exceptions. Application stands disposed of.

LPA 475/2018 Considering the fact that the impugned order dated August 17, 2018 is an ex-parte order issuing notice to the appellant and granting certain interim protection to the respondent, at this stage we are not inclined to interfere into the matter. The appellant may move an application seeking vacation / modification of the said order and it is only thereafter that we may consider

interfering into the matter.

Since an ex-parte order has been passed while issuing notice to the appellant herein, the appellant has an efficacious remedy by seeking modification or vacation of the ex-parte order. Keeping in view the aforesaid and granting aforesaid liberty to the appellant, the appeal is disposed of.

We may also observe that if an application for vacation or modification of the impugned order is filed, the learned Single Bench may consider it on the date fixed i.e 27th August, 2018. CM No. 33931/2018 (for stay) Dismissed as infructuous.

CHIEF JUSTICE V. KAMESWAR RAO, J AUGUST 23, 2018/ak