IN THE COURT OF APPEAL, FIJI
[On Appeal from the High Court]
CIVIL APPEAL NO. ABU 024 of 2025
[In the High Court at Lautoka Case No. HBC 149 of 2024]

BETWEEN:
HOTEL BULA-BARD PTE LIMITED a private company having its registered office at Lot 12, Wasawasa Road, Nadi, Viti Levu.
Appellant
[Original Defendant]

AND:
MID-WEST HOLDINGS PTE LIMITED a private company having its registered office at Corner Point, Corner of Nadi Back Road, Nadi.
Respondent
[Original Plaintiff]

Coram: Prematilaka, RJA

Counsel: Ms. M. Chowdhury for the Appellants 
   Absent and unrepresented

Date of Mention: 25 April 2025 

Date of Notice of 
Discontinuance: 17 April 2025 

Date of Ruling: 25 April 2025

   RULING IN CHAMBERS

[1]	The solicitors for the appellant have filed a notice of discontinuance with no order for cost on 17 April 2025. 

[2]	This relates to an ex-parte summons by the appellant for stay of the judgment of the Master of the High Court and a restraining order on the respondent from executing the said judgment pending appeal. However, this court so far has not made the summons inter parte and as a result the respondent has not been served with the notice of appeal and the summons for the said orders. 

[3]	Ms. M. Chowdhury informed court that the reason for the appeal to be discontinued is that the appeal should have been filed in the High Court. 			
 
Orders of the Court: 

[1]	The application by the appellant to withdraw/discontinue the appeal is allowed.
[2]	Appeal is accordingly dismissed in terms of section 20(1)(h) of the Court of Appeal Act.  
[3]	No costs. 

Hon. Mr. Justice C. Prematilaka
RESIDENT JUSTICE OF APPEAL

Solicitors:
Neel Shivam Lawyers for the Petitioner
Absent and unrepresented for the Respondent