OKS GROUP INTERNATIONAL PRIVATE LIMITED  Vs AXTRIA INDIA PRIVATE LIMITED AND ORS

CS(COMM) 710/2018 Page 1 of 2

$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 710/2018

OKS GROUP INTERNATIONAL
PRIVATE LIMITED ….. Plaintiff
Through Ms. Diya Kapur, Adv.

versus

AXTRIA INDIA PRIVATE
LIMITED AND ORS ….. Defendant s
Through Mr. Gaurav Bahl, Adv.

CORAM:
HON’BLE MR. JUSTICE C. HARI SHANKAR

O R D E R
% 13.01.2021
(Video-Conferencing)
IA 77/ 2021 (Order XXIII Rule 1 CPC) and CS(COMM) 710/2018
1. By this application under Order XXIII Rule 1 of the Code of
Civil Proce dure, 1908 (CPC), the plaintiff seeks leave to withdraw the
plaint “without affecting any other proceedings”.

2. I made it clear to Ms. Diya Kapur, learned counsel for the
plaintiff, that it is not possible for this Court to condition the grant of
permiss ion to withdraw the plaint with any caveat of the nature
sought. As to whether the present withdrawal would, or would not,
affect any other proceedings before any other forum, would have to be
decided by that forum, which is seized of those proceedings.

2021:DHC:146CS(COMM) 710/2018 Page 2 of 2

3. This Court cannot inhibit any other Court or other authority for
taking a view in that regard.

4. Ms. Diya Kapoor merely requests this Court to record her
submission that she is withdrawing the present suit without affecting
any other proceedings. The submission is recorded, but no opinion is
expressed thereon.
5. This Court is, therefore, granting unconditional leave to the
plaintiff to withdraw the present proceedings without any caveat, as sought in the prayer clause.

6. Needless to say, interim orders passed in the suit stand vacated.

7. The application stands allowed and disposed of.

8. The Suit is dismissed as withdrawn.

r.bararia IAs 10732/2015 (Order XXXIX Rule 1 and 2 CPC), 15330/2015
(Order I Rule 10 CPC), 15331/2015 (Order VII Rule 11 CPC) and
3183/2018 (Order VI Rule 17 CPC)

In view of the order passed in the suit today, these applications
stand disposed of .

C. HARI SHANKAR, J.
JANUARY 13, 2021
2021:DHC:146