LAWS(DLH)-2023-10-67

SHIJU JACOB VARGHESE Vs. TOWER VISION LIMITED

Decided On October 17, 2023
Shiju Jacob Varghese Appellant
V/S
Tower Vision Limited Respondents

JUDGEMENT

(1.) Present application has been filed on behalf of the Respondents under Sec. 151 of the Code of Civil Procedure, 1908 ('CPC') for dismissal of the appeal on the ground that it has become infructous.

(2.) Mr. Dayan Krishan and Mr. Rajshekhar Rao, learned senior counsel for the Applicants-Respondents contended that the present appeal was infructuous in view of the settlement of disputes between the parties as recorded in the consent order dtd. 11/5/2017 passed by the Tel Aviv District Court. In support of their contention, they relied on the following facts and submissions:

(3.) Learned senior counsel for the Respondents submitted that the consent order had now attained finality in view of the fact that the period of limitation to file a challenge in Israel against the order dtd. 11/7/2017 rejecting the application to rescind had expired on 29/10/2017.