Magic Woods Exports Private v. State Bank Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.07.2016

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH C.S.No.71 of 2015 Magick Woods Exports Private Limited (MWEPL) rep. by Authorised Signatory ... Plaintiff Vs 1.State Bank of India rep. by Deputy General Manager, Overseas Branch, No.86 (Old No.21), Rajaji Salai, Chennai - 1.

2.Foshan Sourcever Company Limited rep. by General Manager, 1606, Chuangxin Mansion, Tian An Cyber Park, Jianping Road, Foshan, Guangdon, China.

3.Foshan Sourcever (CN) Co. Limited rep. by General manager, Flat/RM 1301 13F, CRE Buildings, 303, Hennessy Road, Wanchai, Hong Kong, China.

4.Leon Jiang ... Defendants Plaint filed under Order VII Rule 1 C.P.C.

For Plaintiff : Mr.A.Jenasenan For Defendants : Mr.Balamurali for M/s.Sivakumar & Suresh

JUDGMENT

Learned counsel for the plaintiff seeks permission to withdraw the suit with liberty to file a fresh suit against the defendants 2 to 4 alone. He has also made an endorsement to that effect. 2.It is seen that defendants 2 to 4 are yet to be served. Therefore, there cannot be any objection on behalf of the first defendant, who is sought to be given up even in the fresh suit, which is likely to be filed at the instance of the plaintiff. 3.In view of the endorsement made by the learned counsel for the plaintiff, the Civil Suit is dismissed as withdrawn with liberty to file a fresh suit by arraying only defendants 2 to 4 as defendants. No costs.

21.07.2016 mmi To The Sub Assistant Registrar, Original Side, High Court, Madras.

M.M.SUNDRESH,J mmi C.S.No.71 of 2015 21.07.2016