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High Court of DelhiCS(COMM)/101/2020

C M Y K Printech Limited & ANR. v. Vipin Malik & ORS.

2020-03-05Hon'Ble Mr. Justice Rajiv Sahai Endlaw2 pages

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 101/2020, IA No.3065/2020(u/O.XXXIX R.1&2 CPC) & IA No.3068/2020(u/O.II R.2 CPC) C M Y K PRINTECH LIMITED & ANR.

..... Plaintiffs Through:

Mr. Yatinder Chaudhary with Mr. Vikas Tomar, Mr Shobhit Jain & Ms. Harsh Lata, Advs.

versus VIPIN MALIK & ORS.

..... Defendants Through:

Ms. Aakanksha Kaul, Adv. for D-1.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 05.03.2020 1.

In pursuance to the queries raised in yesterday‟s order, the counsel for the plaintiffs seeks to withdraw the suit with liberty to take appropriate remedies.

2.

The counsel for the defendant no.1 rightly states that no liberty is required.

3.

The counsel for the defendant no.2 states that this Court has jurisdiction.

4.

Be that as it may, since the plaintiffs are withdrawing the suit, the suit is dismissed as withdrawn and though not required, it is clarified that the plaintiffs shall be entitled to seek the appropriate relief before the NCLT, subject to objection of the defendant no.2 qua jurisdiction of NCLT. CS(COMM) 101/2020

5.

A certificate entitling the plaintiffs to refund of Court fees paid, less Rs.75,000/-, be issued and handed over to the counsel for the plaintiffs. RAJIV SAHAI ENDLAW, J MARCH 05, 2020 „ak‟..

CS(COMM) 101/2020