Full Judgment Text
$~20.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS) (COMM) 65/2017 and CM APPL. 10817-18/2017
JANUKI KUMARI J B RANA & ORS ..... Appellants
Through: Mr. C.M. Lall, Senior Advocate with
Ms. Nancy Roy, Mr. Pranay Sarkar and Mr. Jeetu
Sharma, Advocates
versus
ASHOK KUMAR & ANR ..... Respondents
Through: None
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
O R D E R
% 21.04.2017
CM APPL. 15047/2017 (by the appellants u/O XXIII R 1 CPC)
1. The present application has been filed by the appellants praying inter
alia for liberty to withdraw the appeal on the ground that on subsequent
investigation, it was revealed that the respondents have already closed down
their operations at the premises identified by the appellants/plaintiffs.
2. A perusal of the order dated 23.03.2017 shows that while issuing
notice in the appeal, at the request of the counsel for the appellants, three
Local Commissioners were appointed to visit the markets so as to identify
the shoes with the impugned trademarks, referred to in para 6 of the said
order.
FAO(OS)(COMM) 65/2017 Page 1 of 2
3. Mr. Lall, learned Senior Advocate appearing for the appellants states
that before the Local Commissioners could be approached for executing the
commissions, it had transpired that the respondents/defendants have left the
premises in question and therefore, it would have been a futile exercise to
proceed further for execution of the commissions. We are informed that the
appellants also propose to withdraw the suit, registered as CS(COMM)
77/2017, out of which the present appeal arises.
4. For the reasons stated above, leave as prayed for, is granted. The
present appeal is dismissed as withdrawn alongwith the pending
applications.
5. The date fixed in this case, i.e., 04.05.2017 stands cancelled.
6. Liberty is granted to the appellants to file an appropriate application
in the suit for seeking withdrawal of the said proceedings.
HIMA KOHLI, J
SANGITA DHINGRA SEHGAL, J
APRIL 21, 2017
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FAO(OS)(COMM) 65/2017 Page 2 of 2