M/S Bagai Construction & Anr v. Aslam Kabari and Anr

Delhi High Court · 19 Nov 2013 · 2013:DHC:7048-DB
Badar Durrez Ahmed; Vibhu Bakhru
FAO(OS) 523/2013
2013:DHC:7048-DB
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed the appeal as withdrawn, granting liberty to the appellants to challenge the respondents' failure to file the written statement within the stipulated time before the Single Judge.

Full Text
Translation output
$-32 HIGH COURT OF DELHI
FAO(OS) 523/2013
M/S BAGAI CONSTRUCTION & ANR Appellants
Through: Mr Siddharth Yadav andMr Wasim Ashraf, Advocates
VERSUS
ASLAM KABARI AND ANR Respondents
Through: None
CORAM:
HON'BLE MR. JUSTICE BADAR DURREZ AHMED
HON'BLE MR. JUSTICE VIBHU BAKHRU
19.11.2013 CM No. 18148/2013 The exemption is allowed subject to alljust exceptions.
FAOrOS^ 523/2013 & CM No. 18147/2013 Thelearned counsel forthe appellant states thatbyvirtue ofthe impugned order, the respondents had been granted two weeks time to file the written statement subject to payment of cost of Rs 10,000/-.
He submits that even that has not been done. As a result ofwhich, he seeks permission to withdraw this appeal with liberty to take up the point before the learned Single Judge with respect to the effect of
2013:DHC:7048-DB non-complying with the impugned order.
The appeal isdismissed as withdrawn with theaforesaid liberty.
NOVEMBER 19,2013 SU BADAR DURREZ AHMED, J VIBHU BAKHRU, J
2013:DHC:7048-DB
JUDGMENT