FAO(OS) (COMM) 39/2026 $~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 39/2026, CM APPL. 12870/2026, CM APPL. 12871/2026 & CM APPL. 12872/2026 S T PRODUCTS THROUGH ITS PROPRIETOR MR SUSHIL TRIPATHI .....Appellant Through: Mr. Pranav Prasoon, Mr. Harish Kumar, Mr. Abhinav Anand, Mr. Sarthak Gaurav, Advs. versus BORSAD TOBACCO COMPANY PRIVATE LIMITED .....Respondent Through: Mr. Pravin Anand, Ms. Jaya Negi and Ms. Yashi Agrawal, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA ORDER (ORAL) % 25.02.2026 C. HARI SHANKAR, J. 1. After some hearing, Mr. Pranav Prasoon, learned Counsel for appellant seeks leave to withdraw this appeal as he submits that he would move an application before the learned Single Judge under Order XXXIX Rule 4 of the Code of Civil Procedure, 1908 seeking vacation of the order under challenge. 2. Leave and liberty is granted as aforesaid, without expressing any opinion on the merits of the matter. Signed By:GUNN Signing Date:26.02.2026 18:17:46 FAO(OS) (COMM) 39/2026 3. The appeal is disposed of as withdrawn. C. HARI SHANKAR, J OM PRAKASH SHUKLA, J FEBRUARY 25, 2026/ss Signed By:GUNN Signing Date:26.02.2026 18:17:46