Delhi High Court - Orders
Modicare Limited vs Amazon Seller Services Private Limited ... on 31 January, 2023
Author: Sachin Datta
Bench: Sachin Datta
$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 75/2019 and I.A. No. 1821/2023
MODICARE LIMITED ..... Plaintiff
Through: Ms. Akanksha Singh, Advocate.
versus
AMAZON SELLER SERVICES PRIVATE LIMITED & ORS.
..... Defendants
Through: Mr. Sidharth Chopra, Ms. Sheha Jain,
Ms. Savni D. Endlaw, Ms .Abhiti
Vachher and Ms. Anjali Agrawal,
Advocates for D-1.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 31.01.2023 I.A. 1831/2023 (for withdrawal of the present suit) and CS(OS) 75/2019 This is an application filed by the plaintiff under Order XXIII Rule 1 CPC seeking withdrawal of the present suit with liberty to file the same afresh, on the basis of a fresh cause of action.
It is averred in the present application that in view of the Consumer Protection (Direct Selling) Rules, 2021, coming into force, the Direct Selling Guidelines 2016, stand withdrawn on 21.01.2022 by the Ministry of Consumer Affairs, Food and Public Distribution and that since such guidelines have been withdrawn, the plaintiff wishes to withdraw the present suit with liberty to file a fresh suit on the basis of a fresh cause of action.
Learned counsel on behalf of the defendants, does not oppose the prayer sought in the application.
Signature Not Verified Digitally Signed By:RADHA BISHT Signing Date:01.02.2023 16:05:26In view of the averments made in the application, and the submissions made by respective counsel, the present application is allowed.
Accordingly, the present suit, along with pending application/s, is dismissed as withdrawn, with liberty as prayed for.
SACHIN DATTA, J JANUARY 31, 2023 AK Signature Not Verified Digitally Signed By:RADHA BISHT Signing Date:01.02.2023 16:05:26