M/S Juniper Green Energy Pvt. Ltd. & ANR. v. Mr. Mohammad Rafiuddin & ORS.
$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 334/2023, I.A. 10305/2023 & I.A. 10560/2024 M/S JUNIPER GREEN ENERGY PVT.
LTD. & ANR.
.....Plaintiffs Through:
Mr. Shaiwal Srivastava, Adv.
versus MR. MOHAMMAD RAFIUDDIN & ORS.
.....Defendants Through:
Ms.
Amee Rana, Mr.
Yash Karunakaran and Ms.
Prasidhi Agrawal, Advs. for D-7
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
O R D E R
% 09.05.2025 CS(OS) 334/2023 1.
Mr. Shaiwal Srivastava, learned counsel for the plaintiffs states that the plaintiffs have amicably settled the matter with defendant nos. 2, 3, and 4, therefore, the cause of action against the said defendants does not survive. 1.1 He states that defendant no. 5 could not be traced and was not even served in the present proceedings, thus, the plaintiffs are abandoning the proceedings against defendant no. 5.
1.2 He states that with respect to defendant no. 1, the plaintiffs have already initiated arbitral proceedings which are pending before the Delhi International Arbitration Centre ('DIAC').
1.3 He states in these facts, the plaintiffs have decided not to pursue these claims any further, without prejudice to the claims which are already pending adjudication before DIAC.
1.4 He states that defendant nos. 6, 7 and 8 were impleaded for a limited purpose of securing compliance of orders and no separate relief is sought 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 14/05/2025 at 11:00:17 CS(OS) 334/2023 Page 1 of 2
against them.
1.5 He states that in view of these facts, he has instructions to withdraw the present suit.
2.
The suit is, accordingly, dismissed as withdrawn in terms of the aforesaid submissions of the plaintiffs.
I.A. 10560/2024 (application on behalf of Facebook India Online Services private limited, defendant no. 7, under Order I, Rule 10(2) read with Section 151 of the Code of Civil Procedure, 1908) 3.
This is an application filed by defendant no. 7 seeking its deletion. 4.
In view of the withdrawal of the suit, this application does not survive for consideration and stands disposed of.
I.A. 10305/2023 (under Order XXXIX Rules 1 & 2 CPC) 5.
This is an application filed under Order XXXIX Rules 1 and 2 CPC. 6.
This application also does not survive for consideration and is accordingly, disposed of.
CS(OS) 334/2023 7.
The date already fixed i.e., 06.05.2025 before the learned Joint Registrar (J) stands cancelled.
8.
All future dates stand cancelled.
9.
All other pending applications are disposed of. 10.
The present suit stands disposed of.
MANMEET PRITAM SINGH ARORA, J MAY 9, 2025/msh/AM 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 14/05/2025 at 11:00:17 CS(OS) 334/2023 Page 2 of 2