Sunav Steel Pvt Ltd v. Zhejiang Huada New Materials Co Ltd & ORS

$~36.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2861/2015 SUNAV STEEL PVT LTD ..... Plaintiff Through:

Ms. Naina Pachnanda, Advocate.

versus ZHEJIANG HUADA NEW MATERIALS CO LTD & ORS ..... Defendants Through:

Mr. Indranil Ghosh, Mr. Biswajit Choudhury & Mr. Palzer Moktan, Advocates for defendant No.1.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 04.03.2016 I.A. No. 3055/2016 Though the suit had been transferred to the Court of the learned District & Sessions Judge (New Delhi District), Patiala House Courts, the file has still not been sent.

In the meantime, the parties have arrived at a settlement and consequently, the plaintiff has moved this application to withdraw the suit in view of the said settlement.

Learned counsel for the plaintiff states that since the primary dispute was between the plaintiff and defendant No.1 and the settlement has been arrived between these two parties, the plaintiff gives up its claim against defendants No.2 to 6, who are deleted from the array of defendants.

Issue notice. Learned counsel for the defendants accepts notice. Learned counsel for the defendants admits that the parties have arrived at a settlement dated 02.02.2016, a copy whereof has been placed on record along with the application.

In terms of the said settlement, the plaintiff wishes to withdraw the present suit. The same is, accordingly, dismissed as withdrawn. Since the settlement has been reached at an early stage of the proceedings, the plaintiff shall be entitled to refund of 50% of the Court Fees.

VIPIN SANGHI, J MARCH 04, 2016 B.S. Rohella