ITC HOTELS LTD Vs. ABP PVT. LTD

JUDGEMENT

(1.) IA No.9343 of 2007 (of all the three defendants under Sec. 10 of the CPC).

(2.) The counsel for the defendants/applicants states that the appeal preferred against the order dated 3rd Aug., 2016 dismissing the application of the defendants under Order 7, Rule 11 of the Code of Civil Procedure, 1908 (CPC) is coming up before the Division Bench in Feb., 2017 and the hearing of this application be deferred awaiting the outcome of the appeal.

(3.) The senior counsel for the plaintiffs opposes, drawing attention to the order dated 28th Nov., 2016 where it has already been observed that without an order of stay of proceedings before this Bench, the pendency of the appeal cannot be a ground for adjournment, to keep this suit of the year 2004 alive.