Ajit Singh Maker v. Maninder Singh & ORS

$~47 *IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) 320/2017, CAV.No.1091/2017 & CM Nos.4606667/2017 AJIT SINGH MAKER ..... Appellant Through :

Mr. Kirti Uppal, Sr. Adv.

with Mr. Sudarshan Rajan, Mr.

Arjun Gadhoke, Mr.

Archit Arora and Mr.

Abhimanyu, Advs.

versus MANINDER SINGH & ORS ..... Respondents Through :

Mr. Sudhanshu Batra, Sr.

Adv.

with Mr.

Aditya Mishra, Mr. Prashant Mehta, Ms. Priya Hingorani, Ms.

Kajal Chandra and Mr. Alot Tripathi, Advs. for R-1 to 3.

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR

O R D E R

% 18.12.2017 CAV.No.1091/2017 The caveator is represented and has been heard. The caveat stands discharged.

CM No.46067/2017 (exemption) 1.

Allowed, subject to just exceptions.

2.

The application is disposed of.

FAO(OS) 320/2017

FAO(OS) 320/2017 & CM No.46066/2017 1.

It is submitted by Mr. Kirti Uppal, ld. Senior Counsel for the appellant that certain documents, which were crucial for consideration on merits, were not placed before the ld. Single Judge.

The same cannot be looked at by us for testing the impugned order which has to be tested on the basis of material and the documents which were placed before the ld. Single Judge at the time when the order was passed.

2.

In view thereof, Mr. Kirti Uppal, ld. Senior Counsel prays for leave to withdraw this appeal with liberty to seek appropriate remedy in accordance with law.

3.

This appeal and application are dismissed as withdrawn with liberty as prayed.

Dasti under signatures of Court Master.

ACTING CHIEF JUSTICE C.HARI SHANKAR, J DECEMBER 18, 2017 mk FAO(OS) 320/2017