Delhi High Court - Orders
Nucleus Software Exports Ltd vs Anuraag Bindal on 15 September, 2021
Author: Jayant Nath
Bench: Jayant Nath
$~OS-14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 80/2017
NUCLEUS SOFTWARE EXPORTS LTD ..... Plaintiff
Through Ms.Sheeta Vohra and Mr.Ishkarana
Singh, Advs.
versus
ANURAAG BINDAL ..... Defendant
Through None.
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
ORDER
% 15.09.2021
IA No.11882/2021
This application is filed by the plaintiff under Order 23 Rule 1(3) CPC for withdrawal of the suit with liberty to file a fresh suit in case a fresh cause of action arises.
It is stated that the plaintiff has filed the present suit for permanent injunction against the defendant for data theft, unauthorised use of date, trade secret etc. It is stated that due to Covid-19 pandemic and financial constraints, the plaintiff seeks to withdraw the present suit with liberty to file a fresh suit in case a fresh cause of action arises.
Learned counsel for the plaintiff states that she seeks a liberty only to file a fresh suit in case a fresh cause of action arises.
The defendant was proceeded ex-parte on 18.07.2017. In case any fresh cause of action arises, it would be for the plaintiff to take appropriate steps as per law.
Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:17.09.2021 11:35:44With the above observations, the present application is allowed. CS(COMM) 80/2017 In view of the above order passed today in IA No.11882/2021, the present suit is dismissed as withdrawn with the observations as noted above. All pending applications, if any, are also dismissed as withdrawn.
JAYANT NATH, J.
SEPTEMBER 15, 2021/v Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:17.09.2021 11:35:44