M V Omni Projects (India) Limited v. National Building Construction Corporation Limited & ANR

$~37.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 3252/2015 M V OMNI PROJECTS (INDIA) LIMITED ..... Plaintiff Through:

Amrita Singh, Advocate versus NATIONAL BUILDING CONSTRUCTION CORPORATION LIMITED & ANR ..... Defendant Through:

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 06.04.2016 Learned counsel for the plaintiff, on instructions, seeks leave to withdraw the suit with liberty to file afresh, in accordance with law. Leave granted. Dismissed as withdrawn with liberty as prayed for. However, it is made clear that objections to the maintainability of the suit, inter alia, on account of bar of limitation are left open to be considered. Since the suit has been withdrawn at the initial stage, even prior to the issuance of summons, the plaintiff shall be entitled to refund of 75% of the court fee.

VIPIN SANGHI, J APRIL 06, 2016 sr