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High Court of DelhiCS(COMM)/247/2022

M S Avon Cycles Limited v. M S A One Steel And Alloys Private Limited

2024-11-04Hon'Ble Mr. Justice Amit Bansal1 pages

$~17 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 247/2022 with I.A. 6003/2022 M S AVON CYCLES LIMITED .....Plaintiff Through:

Mr. Amit Jain, Mr. Sumit Kumar and Mr. B.

Dhananjay, Advocates versus M S A ONE STEEL AND ALLOYS PRIVATE LIMITED .....Defendant Through:

Mr. Peeyoosh Kalra, Ms. Meera Kaura Patel, Mr. Yashdeep Baghel and Mr. Puru Pratap Singh, Advs.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 04.11.2024 I.A. No. 43987/2024 (under Order XXIII Rule 1 CPC) 1.

This application has been filed on behalf of plaintiff under Order XXIII Rule 1 of the Code of Civil Procedure, 1908 ['CPC'] seeking to withdraw the present suit.

2.

Counsel appearing on behalf of the defendant does not object to the same.

3.

Accordingly, the application is allowed and the present suit is dismissed as withdrawn.

4.

Needless to state that the plaintiff shall have the liberty to institute a fresh suit against the defendant based on a fresh cause of action. CS(COMM) 247/2022 with I.A. 6003/2022 5.

In view of the order passed in I.A. 43987/2024, the present suit is dismissed as withdrawn.

6.

All the pending application(s) shall stands disposed of. AMIT BANSAL, J NOVEMBER 4, 2024/tp 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 06/11/2024 at 12:03:56