Aks Nissan, Aditya Wheels India Pvt. Ltd. v. Nissan Motor India Pvt. Ltd.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR ARBA No. 14 of 2018 AKS Nissan, Aditya Wheels India Pvt. Ltd. A Company Incorporated Under The Relevant Provisions Of The Companies Act, 1956 Through Its Director Shri Kamal Jain, Having Its Registered Office At 525/526, Fifth Floor, Ravi Bhawan, Jaistambh Chowk Raipur, Chhattisgarh And Factory And Plant At Chennai ----Appellant

Versus

1. Nissan Motor India Pvt. Ltd. Through Its Managing Director, Orchid Business Park, 5th Floor, Sector 48, Sohna Road, Gurugram Haryana 122004

2. Shiva Nissan Sadashiv Automobile Pvt. Ltd. Through Its Director, Having Its Office Situated At, Opposite Magneto Mall, Beside Shivnath Hyundai Showroom, Nh-6, Labhandi, Raipur, Chhattisgarh ---- Respondents For Appellant :

Mr. Vivek Chopda, Advocate For Respondent No.1 :

Mr. Piyush Sharma, Advocate For Respondent No.2 :

Ms. Fouzia Mirza, Advocate DB : Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Rajani Dubey Order On Board 02/07/2018 Heard.

During the course of hearing, learned counsel for the appellant submits that he would be moving appropriate application before the Jurisdictional Court at Chennai in view of the order passed in a similar matter by the High Court of Judicature at Madras in Case No.3479 of 2018 (M/s. Vishal Abhikaran Vs. M/s. Nissan Motor India Private Limited). 2.

Learned counsel for the respondent does not have any objection to this withdrawal though he submits that this should not be treated as concession on the merits of the claim. Making it clear that the withdrawal shall have no effect the merits of the claim, we permit learned counsel for the appellant to withdraw this appeal with liberty to approach the Court as desired by him.

3.

With the aforesaid liberty, the appeal is dismissed as withdrawn. Sd/- Sd/- (Manindra Mohan Shrivastava) (Rajani Dubey) Judge Judge Rekha