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2022 (12) TMI 1450

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..... - HELD THAT:- The applicant stated on instructions of the petitioner that the petitioner has been giving up cause and wants to withdraw the present Misc. Civil Application. The Misc. Civil Application was not pressed and was permitted to be withdrawn - Civil Misc. Application stands dismissed as withdrawn. - HONOURABLE MR. JUSTICE N.V. ANJARIA AND HONOURABLE MR. JUSTICE SANDEEP N. BHATT .....

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..... uliar facts and circumstances of the case. 3. This application was posted on 23.11.2022. On that date, learned advocate for the respondent appeared and prayed for time to file reply. Reply came to be filed. As the reply was filed on 7.12.2022, learned advocate for the applicant prayed for time. Accordingly, this Misc. Civil Application stood adjourned to be posted today. 3.1 The operative p .....

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..... directed in this order may be stayed for six weeks to enable the petitioner to challenge the same before the higher court. Leaned advocate for the respondent Mr.Aditya Krishnamurthy has opposed the prayer. In the totality of facts and having regard to the nature of request, it is provided that the present order modifying the impugned order of the Commercial Court shall remain stayed for a perio .....

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..... cise of power under Order 21 Rule 40(2) of the CPC, we see no reason to interfere with the impugned judgment and order passed by the High Court. The Special Leave Petition stands dismissed. Pending application (s), if any, shall stand disposed of. 4. It is after the above developments that the present Misc. Civil Application was filed and came up before this court. 5. Learned senior advo .....

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