MGF DEVELOPMENTS LTD. vs COSMO PROPBUILD PVT. LTD - 2024-02-06

O R D E R

Heard learned senior counsel appearing for the petitioners and learned senior counsel appearing for the respondents.

Delay condoned.

Inasmuch as the Special Leave Petitions are arising out of proceedings emanating from application invoking Order 23 Rule 3 of the Code of Civil Procedure, 1908 and the execution application in a suit which has been compromised inter se the respondents, we do not find any reason to interfere with the same, particularly, when the petitioners have filed a comprehensive suit in O.S. No.2886/2022 on the file of Civil Judge, Senior Division, Gurugram. However, the application filed for injunction in the said suit is dismissed against which an appeal is stated to have been filed by the petitioners.

In such view of the matter, we direct that the appeal bearing CMA No.283/2023 to be disposed of on merit, in accordance with law, within a period of eight weeks from today, stated to be pending on the file of District & Sessions Judge, Gurugram.

We make it clear that the said Court has to decide the said application on its own merit in accordance with law without being influenced by any of the observation made in the earlier proceedings.

The Special Leave Petitions are dismissed accordingly.

Pending application(s), if any, stand disposed of.

(SWETA BALODI) (POONAM VAID)

COURT MASTER (SH) COURT MASTER (NSH)