Final Order 1

Order Details: Other
Pdf Text: IN THE COURT OF :COURT 12 ADDL SESSIONS JUDGE
Case No. :SUIT/0101144/2019
Reliance Progressive Traders Pvt. Ltd. Vs Slum Rehabilitation Authority
Date : 06-01-2020
Adv. Gitanjali Sharma for Plaintiff is present. Adv. Trivedi for SRA/Defendant
present. KB LO at 01.05 PM Order below Exh. 3. This is an application for
withdrawal of suit with liberty to file fresh suit in case plaintiffs application for
regularization dated 25/04/2019 is rejected. To this application, say is filed by adv.of
defendant no. 1 and 2 and it is submitted that if any decision is taken, the remedy by
way of appeal is available to the plaintiff. Therefore, it is prayed that no liberty to file
the fresh suit is required as it will be a fresh cause of action. Heard both the Ld.
Advocates. Perused the record. The application dated 25/04/2019 for regularization of
the notice premises is pending before defendant no. 2. The letter dated 10/10/2019
issued by defendant no. 2 to plaintiff reflects that one of the condition for considering
the application dated 25/04/2019 is withdrawal of suit No 5183/2019. The record
shows that present suit no. is 1144/2019 which was stamp No. 5183/2019. The remedy
on the decision of application dated 25/04/2019 is available to the plaintiff if it is
rejected. Therefore, at this stage it is not justifiable to grant liberty to plaintiff to file
fresh suit. Therefore, permission is granted to withdraw the present suit. Accordingly,
the suit is disposed of as withdrawn.
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