$~90 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010439672026 + RFA(COMM) 623/2026 CM APPL. 63154/2026 CM APPL. 63155/2026 CM APPL. 63156/2026 CM APPL. 63157/2026 M/S HOTEL PRANAMINN PVT. LTD. .....APPELLANT Through: Mr. Mohd. Fuzail Khan, Ms. Shisba Chawla & Mr. Bishnucharan Sarangi, Advs. versus M/S REAL INNERSPRING TECHNOLOGIES PVT. LTD. .....RESPONDENT Through: CORAM: HON'BLE MR. JUSTICE DINESH MEHTA HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA O R D E R % 16.09.2026 1. Learned counsel for the appellant argued that the impugned judgment and decree dated 17.11.2025 has been passed ex-parte and that no notice was served upon the appellant, who was the defendant in the suit. 2. After arguing for some time, learned counsel for the appellant sought liberty to withdraw the present appeal, however, with liberty to file an application under Order IX Rule 13 of the Code of Civil Procedure, 1908 pointing out before the Court concerned, that no notice was served upon the appellant-defendant. 3. With the liberty as prayed, the appeal is dismissed as withdrawn. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/09/2026 at 11:31:48 4. All pending applications stand disposed of. 5. In case the appellant moves an application before the Competent Court, the same shall be decided in accordance with law, without being influenced by the fact that the appellant had preferred an appeal and withdrawn the same. 6. Since the appellant had withdrawn the present appeal, the Court fee deposited by the appellant be refunded if permissible under law. DINESH MEHTA, J. RAJNEESH KUMAR GUPTA, J. SEPTEMBER 16, 2026/sid This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/09/2026 at 11:31:48