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2015 Supreme(Del) 3904
DELHI HIGH COURT
Hima Kohli, J.
Micromax Informatics Ltd. - Appellant
Versus
Shenzhen Oneplus Technology Co. Ltd & Ors. - Resopndent
CS(OS) 3761/2014
Decided On : 28-04-2015
For the Defendants No. 1 :Mr. Nischal Anand, Advocate with Mr. Aman Taneja, Advocate.
For the Defendants No. 2 & 3:Ms. Mamta Tiwari, Advocate with Ms. Swati Sinha and Mr. Shyam Kumar, Advocates.
The court has the discretion to allow a plaintiff to unconditionally withdraw a suit if the defendants do not object.
Headnote:
Withdrawal of Suit - Civil Procedure - The plaintiff sought permission to unconditionally withdraw the suit while reserving the right to contest another suit instituted by the defendant. The defendant did not object to the withdrawal but objected to certain statements made by the plaintiff. The court allowed the withdrawal of the suit and dismissed it as withdrawn.
Fact of the Case:
The plaintiff filed an application seeking permission to unconditionally withdraw the suit and reserve the right to contest another suit instituted by the defendant.
Finding of the Court:
The court allowed the plaintiff's application for unconditional withdrawal of the suit as none of the defendants objected to it.
Issues: The main issue was the plaintiff's request for unconditional withdrawal of the suit and the defendant's objection to certain statements made by the plaintiff.
Ratio Decidendi: The court's decision was based on the lack of objection from the defendants to the plaintiff's request for withdrawal of the suit.
Final Decision: The court allowed the plaintiff's application for unconditional withdrawal of the suit and dismissed it as withdrawn.
Hima Kohli, J.:--
I.A. 8825/2015 (by the plaintiff u/O XXIII R 1 CPC)
1. The present application has been filed by the plaintiff seeking permission to unconditionally withdraw the present suit and at the same time, reserves its right to contest CS(OS) 3688/2014, a suit instituted by the defendant No. 1 against it.
2. Issue notice.
3. Counsels for the defendant No. 1 and defendants No. 2 and 3 accept notice and state that they do not have any objection to the prayer made in the present application being allowed. However, the defendant No. 1 has an objection to the last sentence of para 4 of the present application, wherein the plaintiff has stated that the defendant No. 1 will not be using the operating software and trademarks of the defendants No. 2 and 3 in any manner, having developed its own operating software. Counsel for the defendant No. 1 states that his clients do not accept the aforesaid submission.
4. Insofar as the request of the plaintiff for unconditional withdrawal of the suit is concerned, none of the defendants have any objection.
5. Accordingly, the present application is allowed. The suit is dismissed as withdrawn.
6. The dates fixed before the Joint Registrar and the Court stand cancelled.
7. File be consigned to the record room.
