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2013 Supreme(Mad) 1395
High Court of Judicature at Madras
R. KARUPPIAH, J.
Vittal Mallya Scientific Research Foundation rep. by its Hon. Secretary K. Chandra Shekar
Versus
Indus Biotech Private Limited
C.S. No. 815 of 2006
Decided on: 25-03-2013
For the Plaintiff:C. Saravanan, Advocate.
For the Defendant:A. A. Mohan, Advocate.
The court has the discretion to dismiss a suit as not pressed and may refuse to grant liberty to file a fresh suit.
Headnote:
Dismissal - Civil Suit - The court dismissed the civil suit as not pressed and refused to grant liberty to file a fresh suit.
Fact of the Case:
The plaintiff requested to withdraw the suit as 'not pressed' with liberty to file a fresh suit if required, while the defendant opposed granting liberty to file a fresh suit.
Finding of the Court:
The court dismissed the suit as not pressed and refused to grant liberty to file a fresh suit.
Issues: The main issue was whether the plaintiff should be granted liberty to file a fresh suit after withdrawing the current suit as not pressed.
Ratio Decidendi: The court decided that while the suit may be dismissed as not pressed, liberty cannot be granted to file a fresh suit.
Final Decision: The Civil Suit was dismissed as not pressed, and no costs were awarded.
1. Learned counsel appearing for the plaintiff is present and he filed a memo wherein it is stated as follows:-
"It is respectfully submitted that the above suit may be permitted to withdraw as "not pressed" with liberty to file a fresh suit at later stage if required without prejudice. It is therefore prayed that this Hon'ble Court may kindly be pleased to receive the memo and record the same and thus render justice."
2. Learned counsel appearing for the defendant reported that the suit may be dismissed, but, liberty to file a fresh suit cannot be granted.
3. Considering the contention of both sides, this Court is of the view that the suit may be dismissed as not pressed but liberty cannot be granted to file a fresh suit. Therefore, the Civil Suit is dismissed as not pressed. No costs.
