Nexus Design Project Pvt Ltd v. Travel Food Services (Delhi Terminal 3) Pvt Ltd & ANR

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO (OS) (COMM) 148/2016, CM APPL.47993-47994/2016 NEXUS DESIGN PROJECT PVT LTD ..... Appellant Through: Mr. Mayank Wadhwa, Advocate.

versus TRAVEL FOOD SERVICES (DELHI TERMINAL 3) PVT LTD & ANR ..... Respondents Through: Mr. Anuj Sarma, Adv. for Resp-1.

Mr. S.S. Sastry, Adv. for Resp-2.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 17.08.2017 After some hearing, learned counsel sought liberty to withdraw the appeal. It is submitted that subject to the plaintiff/appellant being permitted to file a fresh suit, duly supported by an application under Section 14 of the Limitation Act, 1963, the present appeal may be permitted to be withdrawn. Liberty granted.

In case the plaintiff chooses to file a suit for the cause of action in respect of which the amendment was refused, it is open to it to do so along with his application under Section 14 of the Limitation Act, 1963 which shall be decided on its own merits in accordance with law. The rights and contentions of the parties in such eventualities FAO (OS) (COMM) 148/2016

are kept open.

Plaintiff's counsel seeks extension of time for filing the list of witnesses which he says could not be filed on account of pendency of appeal. The extension sought is granted. The plaintiff/appellant shall file the list of witnesses before the date fixed before the Joint Registrar, i.e., 21.08.2017.

The appeal is dismissed as withdrawn but in the above terms. Order dasti S. RAVINDRA BHAT, J S.P.GARG, J AUGUST 17, 2017 /vikas/ FAO (OS) (COMM) 148/2016