M/S AIRPLAZA RETAIL HOLDINGS PVT LTD v. SANTOSH RANI & ORS

Delhi High Court · 20 Apr 2015 · 2015:DHC:3549
Hima Kohli
CS(OS) 1683/2014
2015:DHC:3549
civil appeal_dismissed

AI Summary

The court allowed the plaintiff to withdraw the suit as infructuous with liberty to pursue specific performance and damages under the lease agreement.

Full Text
Translation output
CS(OS) 1683/2014 & IA No.10795/2014
M/S AIRPLAZA RETAIL HOLDINGS PVT LTD ..... Plaintiff
Through : Mr. Saurabh Kansal, Advocate
VERSUS
SANTOSH RANI & ORS ..... Defendants
Through : Mr. Gogesh Gupta, Adv.for D-1 to 3.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 20.04.2015
JUDGMENT

1. Counsel for the plaintiff seeks leave to withdraw the present suit as he states that the same has been rendered infructuous to a large extent. He however reserves the right of his client to claim specific performance of the Agreement to Lease dated 21.11.2013 executed between the parties in respect of different floors of the subject premises and for damages in accordance with law.

2. Counsel for the defendants states that he does not have any objection to the aforesaid request being acceded to.

3. Accordingly, the suit is dismissed as withdrawn, along with the pending application, with liberty granted to the plaintiff to seek its remedies against the defendants in accordance with law. HIMA KOHLI, J APRIL 20, 2015