Full Text
HIGH COURT OF DELHI
CS(OS) 3761/2014
MICROMAX INFORMATICS LTD ..... Plaintiff
Through: Mr. Kartik Yadav, Advocate with Mr. Arpan Behl, Advocate
Through: Mr. Nischal Anand, Advocate with Mr. Aman Taneja, Advocate for D-1.
Ms. Mamta Tiwari, Advocate with Ms. Swati Sinha and Mr. Shyam Kumar, Advocates for
D-2 and D-3.
JUDGMENT
1. The present application has been filed by the plaintiff seeking permission to unconditionally withdraw the present suit and at the same time, reserves its right to contest CS(OS) 3688/2014, a suit instituted by the defendant No.1 against it.
2. Issue notice.
3. Counsels for the defendant No.1 and defendants No.2 and 3 accept notice and state that they do not have any objection to the prayer made in the present application being allowed. However, the defendant No.1 has an objection to the last sentence of para 4 of the 2015:DHC:3818 CS(OS) 3761/2014 present application, wherein the plaintiff has stated that the defendant No.1 will not be using the operating software and trademarks of the defendants No.2 and 3 in any manner, having developed its own operating software. Counsel for the defendant No.1 states that his clients do not accept the aforesaid submission.
4. Insofar as the request of the plaintiff for unconditional withdrawal of the suit is concerned, none of the defendants have any objection.
5. Accordingly, the present application is allowed. The suit is dismissed as withdrawn.
6. The dates fixed before the Joint Registrar and the Court stand cancelled.
7. File be consigned to the record room. HIMA KOHLI, J APRIL 28, 2015 rkb