M/S Aashiana Rolling Mills Ltd v. M/S Kamdhenu Ltd

$~23 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO 300/2017 M/S AASHIANA ROLLING MILLS LTD ..... Appellant Through:

Mr. Rajshekhar Rao, Advocate with Mr. Kapil Wadhwa, Ms. Kruttika Vijay, & Ms. Devyani Nath, Advs.

versus M/S KAMDHENU LTD ..... Respondent Through:

Mr. Akhil Sibal Senior Advocate with Mr. S.K. Bansal, Mr. Ajay Amitabh Suman, Mr. Kapil Kumar Giri and Mr. Vinay Kumar Shukal, Advocates

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 26.07.2017 FAO 300/2017 and CAV 646/2017 and CM APPL.25040-25042/2017 After some hearing, the learned counsel for the appellant submits, on instructions that he may be allowed to withdraw the appeal though with liberty to press before the learned trial court for early hearing on the pending application for transfer of the suit to this court. The learned counsel for the respondents submits that he has no objection to a specific direction being given to the trial court for an early decision on the application for transfer which is pending as referred to above.

In these circumstances, the appeal is dismissed as withdrawn along with pending applications.

FAO 300/2017

The trial court shall take up the application seeking transfer of the suit to this court, as moved by the appellant herein, on 28th July, 2017. The parties shall appear accordingly before the trial court on the said date. In the event of the trial court deciding to accept the request for transfer, it shall fix an early date, preferably within a week of such order, for the parties to assemble before the transferee court, in as much as, an ad interim injunction granted ex parte is operating against the appellant herein. With these directions, these proceedings are closed. Copy of the order be given Dasti to both sides under the signature of Court Master.

R.K.GAUBA, J.

JULY 26, 2017 vk FAO 300/2017