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$-5 HIGH COURT OF DELHI
EFA(OS)(COMM)4/2017
STATE TRADING CORPORATION OFINDIA LTD Appellant
Through Mr. Tushar Mehta, ASG, Mr. Sandeep Sethi, Sr. Advocate with Mr. Tarkeshwar Nath, Ms. Sumati Anand, Mr. Rajat Nair and Mr. Ohkar Nath,Advocates.
EFA(OS)(COMM)4/2017
STATE TRADING CORPORATION OFINDIA LTD Appellant
Through Mr. Tushar Mehta, ASG, Mr. Sandeep Sethi, Sr. Advocate with Mr. Tarkeshwar Nath, Ms. Sumati Anand, Mr. Rajat Nair and Mr. Ohkar Nath,Advocates.
VERSUS
HELM DUNGEMITTEL GMBH Respondent
Through Mr. A.S. Chandhiok, Sr. Advocate with Mr. Rahul P. Dave, Mr. Rohit Mahajan, Ms. Shruit Sharma and Mr.Shivam,Advocates.
Through Mr. A.S. Chandhiok, Sr. Advocate with Mr. Rahul P. Dave, Mr. Rohit Mahajan, Ms. Shruit Sharma and Mr.Shivam,Advocates.
CORAM:
HON'BLE MR.JUSTICE SANHV KHANNA
HON'BLE MS.JUSTICE ANU MALHOTRA
10.04.2017 In view of the order passed in C.M. No.33191/2016 in FAO(OS)
(COMM) No. 76/2016, learned Additional Solicitor General seeks permission to withdraw the present appeal.
Permission granted.
The appeal is dismissed as withdrawn.
It is clarified that this Court has not expressed any opinion on the maintainability ofthe appeal. We also clarify that the contentions raised in the present appeal not been adjudicated on merits and can be raised by the appellant and the respondent in FAO(OS)(COMM)No.76/2016. We
2017:DHC:9095-DB further clarify that this order will not be construed as expression of any opinion on merits.
SANJIV KHANNA,J.
APRIL 10,2017 NA /"C- L,, ANU MALHOTRA,J.
2017:DHC:9095-DB
HON'BLE MS.JUSTICE ANU MALHOTRA
10.04.2017 In view of the order passed in C.M. No.33191/2016 in FAO(OS)
(COMM) No. 76/2016, learned Additional Solicitor General seeks permission to withdraw the present appeal.
Permission granted.
The appeal is dismissed as withdrawn.
It is clarified that this Court has not expressed any opinion on the maintainability ofthe appeal. We also clarify that the contentions raised in the present appeal not been adjudicated on merits and can be raised by the appellant and the respondent in FAO(OS)(COMM)No.76/2016. We
2017:DHC:9095-DB further clarify that this order will not be construed as expression of any opinion on merits.
SANJIV KHANNA,J.
APRIL 10,2017 NA /"C- L,, ANU MALHOTRA,J.
2017:DHC:9095-DB
JUDGMENT