Final Order 1

Order Details: Other
Pdf Text: IN THE COURT OF :COURT 14 ASST SESSIONS JUDGE
Case No. :Commercial Suit/0100357/2021
Mr. Rambachan Rajju Yadav Vs National Institute of Industrial
Engineering
Date : 05052022
Business : Preceipe moved by Adv. For plaintiff. O. Be
taken on today’s board. Adv. Sarosh Mohd.
for plaintiff present. Plaintiff present. Adv.
Rhea Francis i/b. J. Shekhar and Co. for
deft. present. Exh.5 Plaintiff tendered
application for unconditional withdrawal of
the suit. Defendant, by filing say, submitted
that defendant has no objection for
unconditional withdrawal of the suit
without any prejudice to the right of the
defendant. Defendant further submits that
considering the long standing pendency of
the case, costs may be imposed upon
plaintiff. Ld. counsel for plaintiff submits
that suit is filed for recovery of an amount
of Rs.2,77,478/. Said amount was due
against defendant in the year 2012. Already,
considerable time has been elapsed after
institution of the suit. This Court has
granted leave to defend the suit to the
defendant. Now, for seeking recovery of the
amount, plaintiff has to follow procedure of
regular civil suit and plaintiff is not in a
position to bear the expenses for
prosecuting the suit. Therefore, plaintiff is
seeking unconditional withdrawal of the
suit. By making these submissions, Ld.
Counsel for plaintiff prayed for permission
to withdraw the suit unconditionally
without payment of any costs. Per contra,
Ld. Counsel for defendant submits that
defendant was required to defend the suit
due to malicious claim made by the plaintiff.
Therefore, heavy costs may be imposed
upon plaintiff. Considered the submissions
advanced on behalf of both sides. Record
shows that suit was filed before Dindoshi
Court in the year 2015. Thereafter, it was
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presented before this Court in the year
2019. This Court has granted unconditional
leave to defend the suit to defendant by
order dated 29.03.2022 and matter is
posted on 06.05.2022 for filing written
statement. Considering the reason for
withdrawal of suit mentioned in the
application, it would not be just and proper
to impose costs upon plaintiff. Plaintiff
wants to withdraw the suit unconditionally.
Contents in the application (Exh.5) are
verified, read and recorded from plaintiff.
Plaintiff is permitted to withdraw the suit
unconditionally. No order as to costs. Court
fees be refunded as per Rules. Proceedings
be closed.
Nature of
Disposal
: WITHDRAWL
Disposal Date : 05052022
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