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IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
OKS Group International Private Limited - Appellant
Versus
Axtria India Private Limited - Respondent
CS(COMM) 710 of 2018
Decided On : 13-01-2021
| Table of Content |
|---|
| 1. plaintiff seeks leave to withdraw the plaint. (Para 1) |
| 2. court's refusal to impose conditions on withdrawal. (Para 2 , 3 , 4 , 5) |
| 3. proceedings dismissed as withdrawn. (Para 6 , 7 , 8) |
ORDER
(Video-Conferencing)
IA 77/2021 (Order XXIII Rule 1 CPC) and CS(COMM) 710/2018
1. By this application under Order XXIII Rule 1 of the Code of Civil Procedure, 1908 (CPC), the plaintiff seeks leave to withdraw the plaint "without affecting any other proceedings".
2. I made it clear to Ms. Diya Kapur, learned counsel for the plaintiff, that it is not possible for this Court to condition the grant of permission to withdraw the plaint with any caveat of the nature sought. As to whether the present withdrawal would, or would not, affect any other proceedings before any other forum, would have to be decided by that forum, which is seized of those proceedings.
3. This Court cannot inhibit any other Court or other authority for taking a view in that regard.
4. Ms. Diya Kapoor merely requests this Court to record her submission that she is withdrawing the present suit without affecting any other proceedings. The submission is recorded, but no opinion is expressed thereon.
5. This Court is, therefore, granting unconditional leave to the plaintiff to withdraw the present proceedings without any caveat, as sought in the prayer clause.
6. Needless to say, interim orders passed in the suit stand vacated.
7. The application stands allowed and disposed of.
8. The Suit is dismissed as withdrawn.
IAs 10732/2015 (Order XXXIX Rule 1 and 2 CPC), 15330/2015 (Order I Rule 10 CPC), 15331/2015 (Order VII Rule 11 CPC) and 3183/2018 (Order VI Rule 17 CPC)
In view of the order passed in the suit today, these applications stand disposed of.
A plaintiff can withdraw a suit without affecting other proceedings, and courts cannot impose conditions on such withdrawal nor control other forums.
A plaintiff in a multi-plaintiff suit can withdraw without co-plaintiff consent if the claims are independent and severable.
A plaintiff may withdraw from a suit without co-plaintiff consent if their claims are independent and severable, ensuring no adverse impact on the other plaintiffs' rights.
The court emphasized the requirement for establishing formal defects or sufficient grounds when permitting withdrawal of a suit with liberty to file a fresh one on the same cause of action.
A conjoint reading of sub-rule (3) and (4) would make it clear that plaintiff can seek withdrawal of suit either in whole or in part with liberty to file a fresh one.
A trial court must satisfy specific conditions under Order XXIII Rule 1(3) CPC before allowing a plaintiff to withdraw a suit and file a fresh one.
The plaintiff has the absolute right to withdraw a suit at any stage without the defendant's objection, subject only to the imposition of costs.
The court ruled that plaintiffs can withdraw a suit with permission to file a fresh suit if sufficient grounds for withdrawal exist, overriding trial court's error in denying such permission.
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