Harish Waila v. Dakshin Dilli Swachh Initiative
$~Suppl.-16 & *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS (COMM) 397/2021, I.A.s. 10835/2021 (by the plaintiff under Order XXXIX Rules 1 & 2 read with Section 151 CPC for adinterim injunction), 10836/2021 (by the plaintiff under Order II Rule 2 read with Section 151 CPC for leave to file separate suit/proceedings for recovery of dues and damages), 10837/2021 (by the plaintiff under Section 151 CPC for enlargement and extension of time for filing the Court fees to be filed with the suit) & 10838/2021 (Exemption) HARISH WAILA Plaintiff Through:
Mr. Vivek Sibal, Senior Advocate with Mr. Rahul Sharma and Mr.
Jitender Ratta, Advocates versus DAKSHIN DILLI SWACHH INITIATIVE Defendant Through:
None + CS (COMM) 398/2021, I.A.s. 10845/2021 (by the plaintiff under Order XXXIX Rules 1 & 2 read with Section 151 CPC for adinterim injunction), 10846/2021 (by the plaintiff under Order II Rule 2 read with Section 151 CPC for leave to file separate suit/proceedings for recovery of dues and damages), 10847/2021 (by the plaintiff under Section 151 CPC for enlargement and extension of time for filing the Court fees to be filed with the suit) & 10848/2021 (Exemption) RAJEEV ARORA Plaintiff Through:
Mr. Vivek Sibal, Senior Advocate with Mr. Rahul Sharma and Mr.
Jitender Ratta, Advocates versus DAKSHIN DILLI SWACHH INITIATIVE LTD Defendant Through:
None Certify that the digital file and physical file have been compared the digital data is as per the physical file CS (COMM) 397/2021 &CS (COMM) 398/2021
CORAM:
HON'BLE MS. JUSTICE ASHA MENON
ORDER
% 31.08.2021 [VIA VIDEO CONFERENCINGl I.A. 10838/2021 (Exemption in CS (COMM) 397/2021) I.A. 10848/2021 (Exemption in CS (COMMI 398/20211 1.
Allowed, subject to all just exceptions.
2.
The applications stand disposed of.
CS (COMM) 397/2021, I.A.s. 10835/2021. 10836/2021 & 10837/2021 CS rCOMM) 398/2021.1.A.s. 10845/2021.10846/2021 & 10847/2021 1.
Mr. Vivek Sibal, learned senior counsel for the plaintiffs submits that the plaintiffs are interested in working out an amicable settlement with the defendants and thus, seeks permission to withdraw the suits with liberty to file a fresh suit on the same cause of action, if the mediation talks fail. He further states that a letter in this regard has been sent to the defendant on 30^*" August, 2021, which has been filed yesterday only with the Registry. The said letter may be placed on this record, if that be so. 2.
The suits alongwith pending applications are, accordingly, dismissed as withdrawn with the aforesaid liberty, as prayed for. 3.
The order be uploaded on the website forthwith. ASHA MENON, J AUGUST 31, 2021/ak CS (COMM) 397/2021 & CS (COMM) 398/2021