MS BANJOSH ENTERPRISES v. MS STATR BRIQUETTING WORKS
FA/145/2025 · 2025-09-18
Rakesh Thapliyal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10013 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10013 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:8317 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
FA/145/2025
Hon'ble Rakesh Thapliyal, J.
1. Mr. Yogesh Kumar Sharma, learned counsel for the appellants.
2. The instant first appeal has been preferred against the order passed in Misc. Civil Suit No. 24 of 2024, M/s Star Briquetting Works & another vs. Banjosh Enterprises & others, passed by learned Civil Judge, Kashipur, District Udham Singh Nagar.
3.
Learned counsel for the appellant submits that as per the valuation of the suit, the appeal will lie before the District Judge, and, therefore, he prays that he may be permitted to withdraw the instant first appeal with liberty to file an appeal before the competent court. He also submits that the execution proceeding is also going on.
4. In view of the submissions, as made above, the instant first appeal is dismissed as withdrawn with the liberty as aforesaid. Registry is directed to return the certified copy of the orders impugned by keeping photocopy of the same on record to the counsel for the appellant immediately. The liberty is given to the appellant to apprise to the Executing Court that the appeal was filed in the wrong forum.
(Rakesh Thapliyal, J.)
18.09.2025 Parul
2025:UHC:8317