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* IN THE HIGH COURT OF DELHI AT NEW DELHI

• FAO(OS) (COMM) 217/2023 CM APPL. 53233/2023 CM APPL. 64918/2023

PEPSICO, INC. & ANR.

..... Appellants

Through: Mr.Dayan Krishnan, Sr Advocate with Mr.Manish K Jha, Ms.Avni Sharma, Mr.Angad Baxi, Mr.Aadhar Nautiyal, Advocates.

versus

PARLE AGRO PRIVATE LIMITED

..... Respondent

Through: Mr.Sudhir Chandra and Mr.C.M.Lall, Sr Advocates with Mr.Ankur Sangal, Ms.Bhagya Mishra, Mr.Shaswat Rakshit, Mr.Shaurya Pandey and Mr.Abhinav, Advocates for respondent. Mr.Shailen Bhatia, Mr.Raghav Bhalla and Ms.Sheril Bhatia, Advocates for applicant – Mr.Basant Kumar Makhija & Ors. for Intervenor Mr.Pravin Anand, Ms.Vaishali Mittal, Mr.Siddhant Chamola and Mr.Shivang Sharma, Advocates for Dharampal Satyapal Ltd.

CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MS. JUSTICE TARA VITASTA GANJU O R D E R % 10.04.2024

CM APPL. 21444/2024 (for intervening by Mr.Basant Kumar Makhija & Ors)

1. This application is filed by the applicant to intervene in the present matter. The learned counsel appearing for the applicant points out that the intervention application was filed pursuant to a statement made before the

Supreme Court by the learned counsel for the intervener in Special Leave Petition (C) No(s). 3236/2024 (SLP) at the time of withdrawing the SLP, to the effect that intervener will take steps to approach the Division Bench of this Court which is hearing a matter with a similar issue.

2. Learned counsel for the intervener further submits that the intervener is aggrieved by the judgment dated 17.10.2023 passed by the learned Single Judge in CS (COMM) No.806/2017. The said judgment relies on the judgment dated 18.09.2023 which is the subject matter of the present appeal. The intervener has also filed a separate appeal being FAO(OS) (COMM) 68/2024, which was listed yesterday before this Court. This Court vide order dated 09.04.2024 in FAO(OS) COMM 68/2024, had directed that the said appeal be listed before another Bench on 25.04.2024.

3. Given the statement that the issues involved in both the appeals are similar, we consider it apposite to direct that the present appeal be also listed along with FAO(OS) (COMM) 68/2024 before another Bench on 25.04.2024, of which one of us, (Vibhu Bakhru, J.) is not a member, subject to orders of Hon'ble the Acting Chief Justice.

VIBHU BAKHRU, J

TARA VITASTA GANJU, J

APRIL 10, 2024 M

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