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"24. That in order to restrain Defendant No. 1 from indulging in the aforesaid wrongful actions the Plaintiff had on 26/05/2015 instituted a suit being CS (OS) No. 1592 of 2015 alongwith an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908 by an order dated 26/05/2015, the Hon'ble single judge issued notice for completion of service and pleadings list before Joint Registrar on 7.10.2015. Being aggrieved by the said order the Plaintiff preferred an appeal being FAO (OS) 301/2015. By an order dated 10/08/2015, the Hon'ble Division Bench was pleased to direct the learned single judge that the Plaintiff's application under Order 39 Rules 1 and 2 be heard on 24/08/2015. However, in the meanwhile the Plaintiff has been advised that the said suit suffers from technical defects and would require copious amendments. Thus, in order to save time and to avoid needless confusion, the Plaintiff has been advised to withdraw the said suit and instead institute a fresh action, which the Plaintiff is hereby doing. The Plaintiff has accordingly also filed an application under Order 23 Rule 1(3) for withdrawal of the said suit and has sought leave of this Hon'ble Court to institute the present action."