Hermes International And ANR v. Phoenix Mills Limited

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 293/2020 I.A. 6361/2020 (under Order XXXIX Rule 1 and 2 CPC) I.A. 6362/2020 (under Order XI Rule 1(4) Commercial Courts Act) HERMES INTERNATIONAL & ANR.

..... Plaintiff Represented by:

Mr.Tusha Malhotra and Ms.Rashi Punia, Advocates.

versus PHOENIX MILLS LTD.

..... Defendant Represented by:

Mr.Ajay Bhargava, Mr.Asseem Chaturvedi, Mr.Ankur Sangal and Ms.Sucheta Roy, Advocates.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 18.08.2020 The hearing has been conducted through Video Conferencing. CS(COMM) 293/2020 I.A. 6361/2020 (under Order XXXIX Rule 1 and 2 CPC) I.A. 6362/2020 (under Order XI Rule 1(4) Commercial Courts Act) 1.

Learned counsel for the plaintiff submits that the defendant has entered into a settlement with the plaintiff on 17th August, 2020 and in view of the said settlement the plaintiff seeks leave to withdraw the present suit and the applications.

2.

Consequently, the suit and applications are dismissed as withdrawn. 3.

By I.A. No.6364/2020 the plaintiff had sought exemption from filing the court fee. Vide order dated 30th July, 2020 in this Court exempted the plaintiff from filing the court fee and directed the same to be filed within one week of the resumption of the normal court functioning. CS(COMM) 293/2020

4.

Since the parties have entered into a settlement with the intervention of the Court on the first date itself, the plaintiff is exempted from filing the court fee.

5.

Order be uploaded on the website of this Court. MUKTA GUPTA, J.

AUGUST 18, 2020 'vn'

CS(COMM) 293/2020