Delhi High Court - Orders
(Under Section 12A Of The Commercial ... vs Asian Hotels (North) Limited & Ors on 13 April, 2021
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 50/2021 & I.A. 1436/2021 (Under Order XXXIX Rules
1 and 2 CPC), I.A. 1437/2021 (Exemption) and I.A. 1438/2021
(Under Section 12A of the Commercial Courts Act, 2015)
RAKESH MEDIRATTA ..... Plaintiff
Through: Mr. Yogesh Jagia, Advocate
Versus
ASIAN HOTELS (NORTH) LIMITED & ORS. ..... Defendants
Through: Mr. Sandeep Sethi, Senior Advocate
alongwith Mr. Sidhant Kumar, Dr. Joginder Singh,
Mr. Akshit Mago & Ms. Manyaa Chandlok,
Advocates for Defendant No. 1
Mr. Lalit Maheshwari & Ms. Rashmi, Advocates
for Defendant No. 7
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
(VIA VIDEO CONFERENCING)
ORDER
% 13.04.2021
1. Learned counsel for the plaintiff seeks leave to withdraw the present suit with liberty to file a fresh suit in accordance with law.
2. Leave and liberty, as prayed for, is granted and the suit is dismissed as withdrawn alongwith pending applications.
3. Learned counsel for the plaintiff pray that since the present suit has been withdrawn even prior to the issuance of summons, the Court Fee paid by the plaintiff be refunded.
4. In view of the above, the Registry is directed that the Court Fee paid along with the plaint be fully refunded to the plaintiff.
MANOJ KUMAR OHRI, J APRIL 13, 2021 p'ma Click here to check corrigendum, if any