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High Court of DelhiCS(COMM)/210/2023

Housing Development Finance Corporation Ltd. v. Mr. Sanjay Sharma

2024-05-09Hon'Ble Mr. Justice Dinesh Kumar Sharma2 pages

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 210/2023 HOUSING DEVELOPMENT FINANCE CORPORATION LTD.

..... Plaintiff Through:

Mr. Rohit, Adv.

versus MR. SANJAY SHARMA ..... Defendant Through:

Mr. Akshay Srivastava, Mr. Vivek Kumar, Advs.

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R D E R

% 09.05.2024 I.A. 17305/2023 1.

This is an application filed on behalf of the applicant/plaintiff under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure (CPC), 1908, seeking to amend the cause title to record the change of name of the applicant/plaintiff from "HDFC Limited" to "HDFC Bank Limited".

2.

The application is not opposed by learned counsel for the defendants. 3.

Accordingly, having considered the averments of the application and submissions of the respective counsels, the present application is allowed.

4.

The application stands disposed of.

I.A. 6646/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/05/2024 at 11:46:05

5.

This is an application filed on behalf of the applicant/plaintiff under Section 151 of the Code of Civil Procedure (CPC), 1908, seeking permission to withdraw the present suit [CS(COMM) 210/2023]. 6.

Having considered the averments made in the application, the present application is allowed; accordingly, the present suit [CS(COMM) 210/2023] is dismissed as withdrawn.

7.

All pending applications, if any, stand disposed of. 8.

Since the matter has been withdrawn by the plaintiff at an early stage of the suit, in view of the judgment of the Supreme Court in the case of High Court of Judicature at Madras, Represented by its Registrar General v. M.C. Subramaniam and Ors., (2021) 3 SCC 560, the plaintiff is held entitled to refund of the entire court fees. 9.

The registry is directed to draw-up the certificate for refund of court fee in favour of the plaintiff.

DINESH KUMAR SHARMA, J MAY 9, 2024/AR..

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/05/2024 at 11:46:05