M/s. Himalaya Distilleries Ltd. vs Urmila Pradhan and Ors

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

JUSTICE SATISH K.

AGNIHOTRI, CHIEF JUSTICE ---------------------------------------------------------- F.A.O.

No.

01 of 2018 with I.A.

01 of 2018 Appellant : Himalaya Distilleries Limited, A company registered under the Sikkim Companies Act, 1961 having its registered office at Majitar, Rangpo, East Sikkim. versus Respondents : 1.

Ms.

Urmila Pradhan, Wife of Late Khagendra Raj Pradhan, resident of Kashi Raj Pradhan Marg, P.O. - Gangtok, East Sikkim.

2.

Kishore Raj Pradhan, Son of Late Khagendra Raj Pradhan, resident of Kashi Raj Pradhan Marg, P.O. - Gangtok, East Sikkim.

3.

Shri Swarup Raj Pradhan, Son of Late Chetraj Pradhan, resident of Kashi Raj Pradhan Marg, P.O. - Gangtok, East Sikkim.

4.

Shri Alok Raj Pradhan Son of Late Bhimraj Pradhan, resident of Kashi Raj Pradhan Marg, P.O. - Gangtok, East Sikkim.

5.

Shri Bhaskar Raj Pradhan Son of Late Bhimraj Pradhan, resident of Kashi Raj Pradhan Marg, P.O. - Gangtok, East Sikkim.

6.

Smt.

Bindu Mati Pradhan Wife of Late Bhimraj Pradhan, resident of Kashi Raj Pradhan Marg, P.O. - Gangtok, East Sikkim.

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.

Mr.Tashi Rapten Barfungpa, Advocate for Respondent No.

5 & 6. ------------------------------ O R D E R (ORAL) Satish K.

Agnihotri, C.J.

IA No. .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The appeal is dismissed as withdrawn.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 Approved for reporting : Yes Internet : Yes pm