R K Container Line Pvt Ltd v. Acme Cleantech Solutions Pvt Ltd & Ors

O R D E R %

08.11.2024 CM APPL. 65558/2024

¶1Exemption allowed, subject to all just exceptions.

¶2The application stands disposed of. CAV 549/2024 FAO(OS) (COMM) 244/2024 CM APPL. 65557/2024 (stay)

¶3At the very outset, learned counsel for the appellant submits that since inadvertently the order dated 16.10.2024 disposing of the application under Order XXXIX Rules 1 & 2, Code of Civil Procedure, 1908, preferred by respondent nos.1 & 2/plaintiffs has not been assailed in the present appeal, he may be granted leave to withdraw the appeal with liberty to file a comprehensive appeal assailing the order dated

16.10.2024 as also the subsequent clarificatory order dated This is a digitally signed order. 21.10.2024.

¶4Taking into account that the appeal is still at an initial stage, the request of the appellant is accepted. Consequently, the appeal is disposed of as not pressed with liberty to the appellant to file a fresh comprehensive appeal to assail orders dated

16.10.2024 and

21.10.2024. We further make it clear that since this Court has not examined the grounds raised in the appeal at this stage, while filing a fresh appeal, it will be open for the appellant to raise all grounds permissible in law including grounds raised in the present appeal. REKHA PALLI, J SAURABH BANERJEE, J NOVEMBER 8, 2024 kk This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 244/2024 R K CONTAINER LINE PVT LTD .....Appellant Through: Mr.Pritish Sabharwal, Adv. versus ACME CLEANTECH SOLUTIONS PVT LTD & ORS. .....Respondents Through: Mr.Dhanesh Relan, Ms.Sonia A Menon, Mr.Arindam Dey, Mr.Aditya Pandey & Mr.Akhil Rehlan, Advs. CORAM: HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE SAURABH BANERJEE