Veetee Fine Foods Ltd & Another v. Punjab National Bank

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 3528/2014 VEETEE FINE FOODS LTD. & ANR.

..... Plaintiffs Through: Mr.C.S.Gupta, Adv.

versus PUNJAB NATIONAL BANK ..... Defendant Through: Mr. H.Nabi, Adv. for PNB

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 22.03.2016 IA 3581/2016(u/O XXIII R. 1 r/w Sec. 151 CPC) This is an application filed by the plaintiff seeking withdrawal of the suit with liberty to revive the present suit, if the defendant /bank fails to remove the names of the plaintiffs from the list of defaulters.

Learned counsel for the defendant concedes that the challenge in the suit also includes a notification dated March 25, 2014 whereby the plaintiffs have been declared as the wilful defaulters. He has no objection if the suit is allowed to be withdrawn subject to the liberty sought for in the application, if in the eventuality, the defendant /bank fails to remove the names of the plaintiffs from the list of defaulters, the plaintiffs would be at liberty to revive the suit. With liberty as

prayed for, the suit is dismissed as withdrawn. The application is disposed of.

V. KAMESWAR RAO, J MARCH 22, 2016 RN