J U D G M E N T

I.A. 11817/2023 (of defendant seeking dismissal of plaint)

1. Vide the present application, the defendant/ applicant seeks rejection of the plaint under Order VII rule 11 of the Civil Procedure Code, 1908 [hereinafter referred to as ‘ CPC ’] read with Section 12 CPC read with Order XXIII rule 1 (4) CPC and in the alternative reject the plaint under Order VII rule 11 read with Section 10 CPC .

2. Succinctly put, the defendant instituted CS(COMM.) 315/2019 entitled ‘VIP Pharmaceuticals Pvt. Ltd. vs. Rhydburg Pramaceuticals Ltd.’ [hereinafter referred to as ‘Counter Claim’] against the plaintiff before the Rohini District Courts, Delhi [hereinafter called “District Court”]. Upon being served, the plaintiff herein filed its written statement and Counter Claim on 16.08.2019. After contesting the proceedings therein for more than three years, the plaintiff on 19.12.2022 withdrew its Counter Claim. The order of withdrawal of Counter Claim dated

19.12.2022 passed by the learned District Court is as under:-

“....Present: Sh. V.K. Puri, Learned Counsel for the Plaintiff/ Counter Claimant.

Sh. Shreyansh Dassani, Learned Counsel for the Defendant.

Learned Counsel for the Plaintiff/