Sikkim High Court

FAO/1/2018 of M/s. Himalaya Distilleries Ltd. Vs Urmila Pradhan and Ors on 19 February 2018

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COURT OF SIKKIM : GANGTOK (Civil Appellate Jurisdiction) DATED : 19th FEBRUARY, 2018 ---------------------------------------------------------------------------------------------------------------------- SINGLE BENCH : THE HON’BLE MR. JUSTICE SATISH K. AGNIHOTRI, CHIEF JUSTICE

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THE HIGH COURT OF SIKKIM : GANGTOK

(Civil Appellate Jurisdiction)

DATED : 19[th ]FEBRUARY, 2018

---------------------------------------------------------------------------------------------------------------------- SINGLE BENCH : THE HON’BLE MR. JUSTICE SATISH K. AGNIHOTRI, CHIEF JUSTICE

---------------------------------------------------------------------------------------------------------------------- Application under Section 482 of the Code of Criminal Procedure, 1973

----------------------------------------------------------------------------------------- Appearance Mr. Passang Tshering Bhutia, Advocate for the Appellant.

Mr. T.B. Thapa, Senior Advocate with Ms. Tangchen Doma Gyatso and Mr. Ranjan Chettri, Advocates for Respondent No. 4.

Mr.Tashi Rapten Barfungpa, Advocate for Respondent No. 5 & 6.

------------------------------------------------------------------------------------------ OR D ER(ORAL)

Satish K. Agnihotri, C.J.

IA No. 01/2018

This is an application, seeking permission of the Court to withdraw the appeal.

Learned Counsel appearing for the appellant, submits that the appellant has approached the trial Court for interim relief, which stands accepted in terms of the order passed by the learned District Judge, East Sikkim at Gangtok and thus, nothing survives at this stage. Thus, the appellant be permitted to withdraw the appeal and to pursue the remedy before the trial Court.

Learned Counsel appearing for the respondents have no objection.

The application is ordered. The appeal is dismissed as withdrawn.

(Satish K. Agnihotri)

Chief Justice

19-02-2018

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