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2006 Supreme(Del) 37

BADAR DURREZ AHMED
THOMAS COOK (INDIA) LIMITED – Appellant
Versus
HOTEL IMPERIAL – Respondent


BADAR DURREZ AHMED, J.

( 1 ) THIS order shall dispose of IA No. 2061/ 2005 and IA No. 4326/2005. The former application has been filed on behalf of the plaintiff under Order XXXIX Rule 2 of the code of Civil Procedure, 1908 (hereinafter referred to as the CPC ) wherein the plaintiff has prayed that the defendants be restrained from dispossessing the plaintiff from the suit premises pending the hearing and final disposal of the suit. The second application (IA no. 4326/2005) has been filed on behalf of the defendants under Section 151 of the code of Civil Procedure, 1908 seeking permission of this Court for withdrawal of the statement made by the Senior Counsel for the defendants on 16. 03. 2005 before this court. The other prayer made in this application is that the application filed by the plaintiff under Order under Order XXXIX Rule. 2 of CPC (IA No. 2061/2005), be heard and disposed of The statement made by the learned senior counsel on 16. 03. 2005 which the defendants seek to withdraw reads as under :-"learned counsel for the defendants make a statement on behalf of the defendants that without prejudice to their plea that the plaintiff is a pure licencee and has no right to r































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