Amit Goel vs M/S Cmyk Printech Ltd & Ors on 1 October, 2020

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Delhi High Court - Orders

Amit Goel vs M/S Cmyk Printech Ltd & Ors on 1 October, 2020

Bench: Rajiv Shakdher

                          $~10
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CS(OS) 431/2019

                                 AMIT GOEL                                                 .....Plaintiff
                                         Through:             Mr. Manish Kaushik with Ms. Mani Bhadra,
                                                              Advs.
                                                     versus

                                 M/S CMYK PRINTECH LTD & ORS.                              .....Defendants
                                          Through: Ms. Sonam Gupta, Adv.

                                 CORAM:
                                 HON'BLE MR. JUSTICE RAJIV SHAKDHER
                                         ORDER

% 01.10.2020 [Court hearing convened via video-conferencing on account of COVID-19] I.A. No. 8063/2020

1. This is an application filed by the plaintiff to withdraw the present suit along with all pending applications with liberty to seek recourse to an appropriate remedy before the concerned forum.

2. On the previous date i.e. 28.09.2020, Ms. Harsh Lata appeared on behalf of the defendants. On that date, Ms. Lata sought a short accommodation to obtain instructions from her clients i.e. the defendants qua the prayer made in the captioned application.

3. Today, Ms. Sonam Gupta, Advocate enters appearance on behalf of the defendants.

3.1 Ms. Sonam Gupta informs me that a Vakalatnama authorising her to appear on behalf of the defendants was filed on 30.09.2020 qua which the following diary nos. were allocated by the Registry: 873372 & 873331.

CS(OS) 431/2019 1/2 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:03.10.2020 07:18:20

4. The Registry will ensure that the said Vakalatnama is placed on record.

5. Furthermore, Ms. Gupta says that this Court ought not to give liberty to the plaintiff to file yet another proceeding as the plaintiff is likely to misuse such liberty.

6. According to me, the plaintiff has the carriage of the proceedings. In case the plaintiff was to approach another forum, it would be for that forum to examine as to whether such an action should be entertained or not.

7. Thus, the prayer made in the application is allowed.

8. The plaintiff is granted leave to withdraw the suit as well as all the pending applications with liberty to file appropriate proceeding with the concerned forum, albeit, as per law.

9. Needless to add, in case such a proceeding is filed by the plaintiff, the defendants will have liberty to take recourse to all the defences that may be available to them as per law.

10. The captioned application is disposed of in the aforementioned terms. CS (OS) 431/2019 & I.A. Nos. 15047/2019, 2951/2020, 7674/2020, 7675/2020, 7676/2020, 7677/2020

11. In view of the order passed today in I.A. No. 8063/2020, the suit and the pending applications shall stand closed.

12. The case papers shall stand consigned to record.

RAJIV SHAKDHER, J OCTOBER 01, 2020 pmc/KK Click here to check corrigendum, if any CS(OS) 431/2019 2/2 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:03.10.2020 07:18:20

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Delhi High Court - Orders