Harish Chandra Agarwal Huf v. Capriso Finance Ltd

O R D E R %

18.11.2024 CM APPL. 66890/2024 & CM APPL. 66891/2024 (Exemption) Allowed, subject to all just exceptions. Both the applications stand disposed of. CM(M) 3840/2024 & CM APPL. 66889/2024 (Stay)

¶1The petitioner impugns the order dated 30.08.2024 passed by the learned District Judge Commercial Court-02, Tis Hazari Court, Delhi.

¶2The petitioner is the defendant in the Suit for Recovery filed by the plaintiff.

¶3The petitioner filed an application under Order VII Rule 7 CPC before the learned Trial Court raising the objections with regard to the lack of jurisdiction, limitation and non-filing of the suit through authorized person.

¶4The learned District Judge vide impugned order kept all the contentions pending, directing that proper issues would be framed regarding the aforesaid contentions raised by the defendant. This is a digitally signed order. 5. Learned counsel appearing for the respondent submits that issues have since been framed by the learned Trial Court vide order dated 19.09.2024 including the issues regards the limitation, jurisdiction as also with regard of filing of the case through duly authorized person.

¶6At this stage, learned counsel for the petitioner submits that she does not want to press the present petition and seeks permission to withdraw the present petition. The statement made by learned counsel for the petitioner is taken on record and the petition is accordingly dismissed as withdrawn. RAVINDER DUDEJA, J NOVEMBER 18, 2024 sk This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 3840/2024 HARISH CHANDRA AGARWAL HUF .....Petitioner Through: Ms. Radhika Goel, Adv versus CAPRISO FINANCE LTD .....Respondent Through: Ms. Aggarwal, Adv CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA