M/S Celebration City Projects P. Ltd v. Shahireal Tech Private Limited

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CO.APP. 28/2015 & CM Nos. 17504/2015, 25779/2015 & 25820/2015 M/S CELEBRATION CITY PROJECTS P. LTD ..... Appellant Through:

Ms. Monica Chugh, Advocate.

versus SHAHIREAL TECH PRIVATE LIMITED ..... Respondent Through:

Ms. Udita Singh, Advocate alongwith Mr. Ravi Prakash, Advocate.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE DEEPA SHARMA

O R D E R

% 22.01.2016 At the outset, it is submitted by counsel for the parties that the proposals for settlement before Mediation are on. The appellant has approached this Court aggrieved by an order dated 09.07.2015. In the said order, which was passed ex-parte, a direction restraining the appellant from selling or offering for sale any further assets without permission of the Court was made, in addition to requiring the disclosure of certain particulars. This Court is of the opinion, without prejudice to the rights of the parties to proceed and seek resolution of their disputes, in the petition which is pending, that no infirmity with the impugned order can be found. In case the appellant is of the opinion that the relevant material was not put before the learned Single Judge who has made the

impugned order, it is open to him to seek variation thereof. In any event, it is open to the appellant to exercise all its right for variation or recall of the ex-parte restraining order through an appropriate forum. In such an event, the learned Single Judge would consider the matter. The appeal is disposed of in the above terms. S. RAVINDRA BHAT, J DEEPA SHARMA, J JANUARY 22, 2016 sapna