South India Floriculture Association v. The Registrar General The Plant Varieties Registry And ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9854/2016 SOUTH INDIA FLORICULTURE ASSOCIATION..... Petitioner Through :

Mr Rahul Sagar Sahay, Mr Ankur Sangal and Mr Sharngan, Advocates.

versus THE REGISTRAR GENERAL THE PLANT VARIETIES REGISTRY AND ANR ..... Respondents Through :

Mr D.P.Bhardwaj and Ms Rakhi Sharma, Advocates for R-1 with Mr.R.R.Pradhan on b/o Registrar General.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 24.10.2016 CM No.39231/2016(exemption) Allowed, subject to all just exceptions.

W.P.(C) 9854/2016 & CM No.39230/2016(stay) The present petition has been filed seeking setting aside of order dated 07.10.2016 whereby the request of the petitioner for adjourning the hearing was declined and the respondent was heard and the proceedings were closed for judgment.

Learned counsel for the respondent, who appears on advance notice, submits that the respondent No.1 has already pronounced his final decision on 21.10.2016. Copy of the order has already been communicated to the WP(C) 9854/2016

petitioner.

Learned counsel for the petitioner prays for leave to withdraw the present petition with liberty to challenge the order dated 21.10.2016, also on the ground that the adjournment should have been granted and no effective opportunity of hearing has been granted to the petitioner. In view of the above, the writ petition is dismissed as withdrawn reserving the liberty of the petitioner as prayed for. SANJEEV SACHDEVA, J OCTOBER 24, 2016 'sn'

WP(C) 9854/2016