FAO (COMM) 89/2025 $~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO (COMM) 89/2025, CM APPL. 19729/2025, CM APPL. 19730/2025 & CM APPL. 19731/2025 BIG BOY TOYZ .....Appellant Through: Mr. Arun Khatri, Adv. versus BMW INDIA FINANCIAL SERIVICES PVT LTD & ORS. .....Respondents Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL O R D E R (ORAL) % 03.04.2025 1. Mr. Arun Khatri, learned Counsel for the appellant seeks leave to withdraw this appeal as he submits that he would move an appropriate application before the learned Commercial Court as, in his submission, the impugned order has seriously prejudiced his interest without him being co-opted as a party either in the arbitral proceedings or before the learned Commercial Court in the Section 34 proceedings. 2. Leave and liberty is granted as aforesaid. The appeal is disposed of as withdrawn. 3. However, we do not express any opinion on the merits of the Digitally Signed By:AJIT KUMAR Signing Date:07.04.2025 20:57:54 Signature Not Verified FAO (COMM) 89/2025 review petition or any other application which, if and when moved, would be considered by the learned Commercial Court on their own merits. C. HARI SHANKAR, J. AJAY DIGPAUL, J. APRIL 3, 2025 ar Click here to check corrigendum, if any Digitally Signed By:AJIT KUMAR Signing Date:07.04.2025 20:57:54