M/S Varun Fashion v. Itc Ltd

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA(OS) 93/2016 M/S VARUN FASHION ..... Appellant Represented by:

Mrs.Ekta Sikri and Mrs.Adveita Sharma, Advs.

versus ITC LTD ..... Respondent Represented by:

Ms.Pratibha M. Singh, Sr. Adv.

instructed by Mr.Sudeep Chatterjee and Ms.Nupur Lamba, Advs.

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 08.12.2016 CAV 1045/2016 Learned counsel as above, appears for the respondent/Caveator. The caveat is discharged.

CM No.45684/2016 Exemption is allowed subject to all just exceptions. CM No.45683/2016 Since learned counsel for the appellant states that she has been instructed to withdraw the appeal we dispose of the application as infructuous recording that court fee need not be paid since the appeal is being withdrawn without arguments.

RFA(OS) 93/2016 1.

The appeal is dismissed as withdrawn noting the consent of parties RFA(OS) 93/2016

that the right to sue for damages for breach of contract has been already granted to the appellant requiring appellant to file a properly constituted suit. Since after the impugned decree was passed, dismissing the suit, the bank guarantee has been encashed by the respondent, it would be open to the appellant to seek appropriate relief in terms of a money decree qua the bank guarantee.

2.

No costs.

CM No.45682/2016 Since the appeal has been dismissed as withdrawn the instant application seeking interim direction is dismissed as infructuous. PRADEEP NANDRAJOG, J YOGESH KHANNA, J DECEMBER 08, 2016 VLD RFA(OS) 93/2016