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High Court of DelhiCS(OS)/2982/2014

M/S Sms Aamw Tollways Pvt Ltd v. South Delhi Municipal Corporation Of Delhi

2015-03-11Cases Pertaining To Special Benches2 pages

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2982/2014 and I.A. 19064-19068/2014 M/S SMS AAMW TOLLWAYS PVT LTD ..... Plaintiff Through: Mr. Sachin Datta, Sr. Advocate with Ms. Prity Sharma, Advocate versus SOUTH DELHI MUNICIPAL CORPORATION OF DELHI ..... Defendant Through: Mr. Anshumaan Bahadur, Advocate for Mr. Gaurang Kanth, Advocate

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI

O R D E R

% 11.03.2015 I.A. 4966/2015 (by the plaintiff u/S 151 CPC for withdrawal of the suit) 1.

The present application has been filed by the plaintiff praying inter alia for permission to withdraw the suit while reserving its right to initiate fresh legal proceedings against the defendant in the event the High Level Committee constituted by the Chief Secretary, Govt. of NCT of Delhi to examine the dispute between the parties, subject matter of the suit, is unable to resolve it.

2.

Counsel for the defendant/SDMC enters appearance and states that a copy of the application has been furnished to him and he does not oppose the prayer made therein.

CS(OS) 2982/2014

3.

For the reasons stated in the application, the same is allowed. The suit is dismissed as withdrawn alongwith the pending applications while granting leave to the plaintiff, as prayed for. HIMA KOHLI, J MARCH 11, 2015 rkb CS(OS) 2982/2014