Full Text
HIGH COURT OF DELHI
CS(OS) 473/2014 & IA No.3191/2014
& IA No.9694/2015
Date of Decision: 07.05.2015 IN THE MATTER OF:
SHOBHA SETH ..... Plaintiff
Through Mr.Ajit Sharma, Advocate
Through Mr.Ashish Kumar, Advocate for D-1 Mr.Rajesh Lathigara, Advocate for D-2, D-5 to
D-7
JUDGMENT
1. Counsel for the plaintiff states that he had informed the Joint all the defendants, except for the defendant No.1 and she did not wish to pursue the present suit any further.
2. In view of the said submission, the case has been placed before the court. Pertinently, on the last date of hearing, the defendant No.1 had remained unserved, though a counsel had entered appearance on behalf of the defendants No.2, & 5 to 7. 2015:DHC:4165 CS(OS) 473/2014
3. Counsel for the plaintiff reiterates the said submission and states that he may be permitted to withdraw the suit in view of a settlement arrived at with all the defendants, except for defendant No.1.
4. At this stage, learned counsel enters for the defendant No.1 and states that the defendant No.1 may be transposed as a plaintiff in the suit.
5. In view of the submission made by learned counsel for the plaintiff that he has instructions to withdraw the suit, the same is dismissed as withdrawn, along with pending applications. However, liberty is granted to the defendant No.1 to seek his remedies against the plaintiff and/or other defendants, in independent proceedings, as may be available to him, in law. (HIMA KOHLI) MAY 07, 2015 JUDGE Mk/ak