M/S Cybershop Marketing Private Limited v. Seven Towns Ltd & ORS

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) 354/2016 CYBERSHOP MARKETING PRIVATE LIMITED .... Appellant Through:

Ms. Ananya Ghosh, Advocate.

versus SEVEN TOWNS LTD. & ORS.

..... Respondents Through:

Mr. Ryan Wilson, Advocate.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 10.10.2018 CM APPL. 42426/2018 (for withdrawal of the appeal) This appeal is directed against the order of the learned Single Judge, which had granted ad-interim injunction for alleged infringement of copyright. The impugned order has disposed of an application under Order 39 Rule 1 CPC.

It is submitted by the appellant - in its application (CM No.42426/2018) that the main suit CS(OS) 2101/2010 [re-numbered as CS(COMM) 53/2017] was disposed of in terms of an agreed settlement by an order dated 13.09.2018. The order of the learned Single Judge has been placed on record along with the application. In the light of these developments, the appellant seeks to withdraw the present appeal.

The application is consequently allowed.

FAO(OS) 354/2016 In view of the order passed in CM APPL. 42426/2018, FAO(OS) 354/2016 is dismissed as withdrawn. The date fixed in the matter i.e. 26.10.2018 is hereby cancelled.

S. RAVINDRA BHAT, J A. K. CHAWLA, J OCTOBER 10, 2018 nn