HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 16439/2022

M/s. Shree Jagdamba Industries, 101-A, Old Industrial Area,

Bharatpur-321001 (Rajasthan) Through Partner Rahul Agarwal

----Petitioner

Versus

M/s. Kanak Cotton Industries, Savner, Parshivani Road, Kheri

(Punjab

Rao),

Tehsil

Savner,

District

Nagpur-

441101(Maharashtra) Through Autohrised Signatory/ Proprietor/

Partner/ Manager/ Owner/ Representative.

----Respondent

For Petitioner(s)

:

Mr.G.D.Bansal with Mr.Dharmendra

Kumar Gupta

For Respondent(s)

:

HON'BLE MR. JUSTICE SUDESH BANSAL

Judgment / Order

09/01/2023

Having heard learned counsel for the petitioner, it is

indisputed that the plaintiff in his suit has claimed for damages

along with claiming the decree for permanent and mandatory

injunction and, therefore, the trial court has rightly passed the

order impugned dated 18.10.2022 directing the plaintiff to submit

the estimated market value of his rights in view of Section 12 of

the Commercial Court Act, 2015.

Counsel for the petitioner after arguing the writ petition on

merits, seeks permission to withdraw the same with liberty to

furnish the