Narippen Obhrai & ANR v. Tarun Kapoor & ORS

$~41 *IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) 204/2017 and CM No.24756/2017 NARIPPEN OBHRAI & ANR ..... Appellants Through :

Mr. P.P. Malhotra, Sr. Adv.

with Mr. K. Singhal, Adv.

versus TARUN KAPOOR & ORS ..... Respondents Through :

None.

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR

O R D E R

% 17.07.2017 1.

Mr. P.P. Malhotra, ld. Senior Counsel for the appellants submits that the appellants who are defendant nos.2 and 3 in the suit bearing CS(OS)No.256/2012, Tarun Kapoor & Ors. v. Surya Vinder Obhrai & Ors. are over 75 years of age and that one of them is ailing from serious diseases.

It is submitted that these appellants are not even contesting the plaintiff's case on merits except to the interest against them to the plaintiffs. It is submitted that on account of uncertainty of life, the expeditious hearing is warranted in this case.

FAO(OS) 204/2017

2.

Ld. Senior Counsel prays for leave to withdraw this appeal in order to enable him to file an application afresh, placing the urgency of the matter before the ld. Single Judge once again. Mr. P.P. Malhotra, ld. Senior Counsel for the appellants submits that keeping in view the narrow nature of the controversy, the appellants would request the ld. Single Judge to take the matter out of the "Finals" category and to post the case at an actual date of hearing, as early as reasonably possible.

3.

Given the above submissions placed before us, it would appear that expeditious hearing in the present matter may be time consuming inasmuch as the appellants are not contesting except the award of contract.

4.

The ld. Single Judge would consider such request, as and when made, uninfluenced by the impugned order dated 4th May, 2017.

The appeal is therefore, dismissed as withdrawn with liberty as prayed for.

ACTING CHIEF JUSTICE C.HARI SHANKAR, J JULY 17, 2017 aj FAO(OS) 204/2017