Full Text
Translation output
f $- HIGH COURT OF DELHI
CO.PET. 365/2008
O/o MRS. SNEH LATA BANSAL ..... Petitioner
CO.PET. 365/2008
O/o MRS. SNEH LATA BANSAL ..... Petitioner
VERSUS
Through: Mr. Vibhu Bakhru, Sr. Advocate with Mr. Rahul Sharma & Ms. Pooja Verma, Advocates
MIS KUNAL PIPES INDIA PVT. LTD. ..... Respondent
MIS KUNAL PIPES INDIA PVT. LTD. ..... Respondent
CORAM:
Through: Mr. P. Nagesh with Mr. Hemant Sharma, & Ms. Mithu Jain Advocates
HON'BLE MR. JUSTICE MANMOHAN
29.09.2011 After some arguments, learned counsel for the petitioner wishes to
' withdraw the present petition with liberty to file a civil suit for recovery in an appropriate court.
Mr. Nagesh, on instructions of Mr. Hemant Sharma, fairly states that the respondent would not take the defence of limitation provided the petitioner were to file a recovery proceeding within a period of four weeks.
2011:DHC:9083 ' The aforesaid statements made by both the counsel are accepted by the Court and both the parties are held bound by the same.
As a matter of abundant precaution, it is clarified that the time spent in prosecuting the present petition shall stand excluded while determining the period of limitation for the recovery proceedings to be initiated by the petitioner.
Needless to say that this order is without prejudice to the rights and contentions of the parties. Further, the competent court is directed to decide the said case on merits without being influenced by any observations made by this court.
With the aforesaid observations and liberty, present petition stands disposed of.
SEPTEMBER 29, 2011 NG ·"' l.
' .
1lJ MANMOHAN,J 2011:DHC:9083
HON'BLE MR. JUSTICE MANMOHAN
29.09.2011 After some arguments, learned counsel for the petitioner wishes to
' withdraw the present petition with liberty to file a civil suit for recovery in an appropriate court.
Mr. Nagesh, on instructions of Mr. Hemant Sharma, fairly states that the respondent would not take the defence of limitation provided the petitioner were to file a recovery proceeding within a period of four weeks.
2011:DHC:9083 ' The aforesaid statements made by both the counsel are accepted by the Court and both the parties are held bound by the same.
As a matter of abundant precaution, it is clarified that the time spent in prosecuting the present petition shall stand excluded while determining the period of limitation for the recovery proceedings to be initiated by the petitioner.
Needless to say that this order is without prejudice to the rights and contentions of the parties. Further, the competent court is directed to decide the said case on merits without being influenced by any observations made by this court.
With the aforesaid observations and liberty, present petition stands disposed of.
SEPTEMBER 29, 2011 NG ·"' l.
' .
1lJ MANMOHAN,J 2011:DHC:9083
JUDGMENT