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High Court of DelhiCS(COMM)/9/2015

M/S Eastcompeace India Pvt Ltd v. M/S S Tel Private Limited

2018-04-17Hon'Ble Mr. Justice Manmohan1 pages

#1 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 9/2015 & I.A. 11113-11114/2017, 5165/2018 M/S EASTCOMPEACE INDIA PVT LTD ..... Plaintiff Through Mr. S.N. Tripathi, Advocate versus M/S S TEL PRIVATE LIMITED ..... Defendant Through None

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 17.04.2018 Since a winding up order had been passed by the Punjab and Haryana High Court against the defendant-company prior to the present suit being filed, Mr. S.N. Tripathi, learned counsel for the plaintiff wishes to withdraw the present suit.

Mr. Tipathi also prays for return of the court fees on the ground that the suit is at the threshold stage.

Accordingly, present suit and pending applications are dismissed as withdrawn. Keeping in view the fact that the defendant has never entered appearance in the matter and no substantive order has been passed by this Court, Registry is directed to issue to an authorised representative of the plaintiff a certificate authorizing him/her to receive back from the Collector full amount of the Court fee paid by it in the present suit. MANMOHAN, J APRIL 17, 2018/rn