SUVIR SEHGAL, J.(ORAL) CM No.9631 of 2024 Prayer in the application filed under Section 151 read with Section 152 CPC is for modification of the order dated 09.04.2024 Counsel for the applicant/respondents submits that an objection regarding the maintainability of the petition was not taken in the written statement as has been recorded in order dated 09.04.2024. However, he clarifies that this objection was taken during the course of the arguments.

Notice of the application.

1 of 2 ::: Downloaded on - 31-05-2024 00:37:31 :::

Mr. Mayank Mathur, Advocate accepts notice on behalf of the non- applicant/petitioner.

For the reasons given in the application, it is accepted. Order dated 09.04.2024 is modified and shall be read as under:- “ In view of the objection taken by the respondents during the course of arguments, counsel for petitioner requests for deferment to move an appropriate application to amend the petition.

List on 23.05.2024”. ARB-380-2022 (O&M) In view of the objection taken by the respondent in the reply filed to the application whereby petitioner has sought amendment of the petition, counsel for the petitioner seeks and is granted permission to withdraw the petition with liberty to file a fresh petition.

Dismissed as withdrawn with liberty as aforesaid.

All pending applications are disposed of.

(SUVIR SEHGAL) May 23, 2024 JUDGE Poonam Sharma Whether reasoned/speaking Whether reportable 2 of 2 ::: Downloaded on - 31-05-2024 00:37:32 :::