Delhi High Court - Orders
Maxwell Partnerhip Firm Regd vs National Insurance Co Ltd And Anr on 30 October, 2023
Author: Rekha Palli
Bench: Rekha Palli
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 149/2023
MAXWELL PARTNERHIP FIRM REGD
..... Plaintiff
Through: Mr. P.K. Seth, Adv.
versus
NATIONAL INSURANCE CO LTD AND ANR.
..... Defendants
Through: Ms. Sulakhana Yadav, Adv.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 30.10.2023 I.A. 21320/2023 -O-23, R-3 (P).
1. This is an application filed by the plaintiff seeking leave of this Court to withdraw the suit so as to enable the plaintiff to invoke pre- institution mediation in terms of Section 12A of the Commercial Courts Act, 2015 ('the Act') and then file a fresh suit on the same cause of action, if necessary.
2. Taking into account that the suit as presently filed is likely to fail on account of the plaintiff not having invoked pre-suit mediation, permission to withdraw the suit, as prayed for, is granted to the plaintiff with liberty to file a fresh suit on the same cause of action, if the need so arises after availing of the pre-suit mediation in terms of Section 12A of the Act.
3. The application, accordingly, stands disposed of.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2023 at 21:48:55
4. Since the suit is being permitted to be withdrawn at the initial stage and that too with liberty to file a fresh suit on the same cause of action if the need so arises, it is directed that 75% of the Court fees be refunded to the plaintiff forthwith.
5. The next dates fixed before the Court and before the learned Joint Registrar (Judicial) stand cancelled.
REKHA PALLI, J OCTOBER 30, 2023 acm This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2023 at 21:48:55