Delhi High Court - Orders
Max Hypermarket India Private Limited vs M/S Curo India Private Limited on 26 March, 2021
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 95/2016 & CC (COMM) 6/2017
MAX HYPERMARKET INDIA PRIVATE LIMITED
..... Plaintiff
Through: Mr. Saransh Jain and Ms. Shloka
Narayanan, Advocates.
Versus
M/S CURO INDIA PRIVATE LIMITED ..... Defendant
Through: Mr. Umesh Kumar Shandilya, Adv.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 26.03.2021 I.A. 4566/2021 (u/Order 23 R-3 r/w Section 151 CPC)
1. By way of this application, the Plaintiff and the Defendant (hereinafter collectively referred to as 'parties') pray for withdrawal of the suit as well as the counter claim.
2. The Plaintiff had filed the suit seeking inter alia recovery of Interest Free Refundable Security Deposit and Damages against the Defendant in terms of the Lease Agreement dated 15th July, 2013. The Defendant had filed counter claim seeking damages from the Plaintiff.
3. It is stated that the parties have entered into a settlement and in accordance thereof, the Plaintiff has vacated and delivered to the Defendant the possession of the suit premises. The Plaintiff has agreed to give up his claim for refund of Interest Free Refundable Security Deposit and Damages against the Defendant and correspondingly the Defendant has given up his Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:07.04.2021 13:11 counter claim for damages against the Plaintiff.
4. The parties have accordingly filed the present joint application under Order 23 Rule 3 CPC seeking withdrawal of the suit and the counter claim respectively.
5. The application is duly supported by the affidavits of the parties.
6. In view of the above, the application is allowed. CS(COMM) 95/2016 & CC (COMM) 6/2017
7. The suit as well as the counter claim are dismissed as withdrawn.
8. On the request of parties, 50 percent of the court fees paid on the suit as well as the counter claim is directed to be refunded to the respective parties. The Registry is directed to issue certificates and hand them over to the counsel for the respective parties.
9. The date already fixed before the Joint Registrar i.e. 11th May, 2021 stands cancelled.
SANJEEV NARULA, J MARCH 26, 2021/v Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:07.04.2021 13:11