Reliance Industries v. Vijay Cable Industries

$~19.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) No.873/2016 RELIANCE INDUSTRIES LTD.

..... Plaintiff Through:

Mr. G. Raghu Chandra, Adv.

[ versus VIJAY CABLE INDUSTRIES & ORS.

..... Defendants Through:

Mr. Rajesh Banati and Mr. Vikram Singh, Advs. for D-1, 2, 4 &5.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 23.02.2017 IA No.2435/2017 (of the plaintiff under Order XXIII Rule 1 CPC). 1.

The counsel for the defendants no.1,2,4 &5 appears on advance notice. 2.

The applicant/plaintiff seeks to unconditionally withdraw the suit. 3.

The counsel for the defendants no.1,2,4 &5 who is the only contesting counsel states that though he has no objection but contends that the defendants have been dragged in the suit since the year 1998 since when the suit is pending. 4.

Considering the reasons given by the applicant/plaintiff, for withdrawal of the suit, is the long time for which the suit has remained pending and it being now no longer commercially viable for the applicant/plaintiff to pursue the suit, it is not deemed apposite to award any costs to the defendants no.1,2,4 &5. 5.

The application is allowed and disposed of.

CS(COMM) No.873/2016.

6.

The suit is dismissed as withdrawn.

No costs.

RAJIV SAHAI ENDLAW, J FEBRUARY 23, 2017 'pp'..