M/S SMS AAMW TOLLWAYS PVT LTD v. SOUTH DELHI MUNICIPAL CORPORATION OF DELHI

Delhi High Court · 11 Mar 2015 · 2015:DHC:2365
Hima Kohli
CS(OS) 2982/2014
2015:DHC:2365
civil appeal_allowed

AI Summary

The Delhi High Court permitted the plaintiff to withdraw the suit under Section 151 CPC with liberty to initiate fresh proceedings if the dispute remains unresolved by the High Level Committee.

Full Text
Translation output
HIGH COURT OF DELHI
CS(OS) 2982/2014 and I.A. 19064-19068/2014
M/S SMS AAMW TOLLWAYS PVT LTD ..... Plaintiff
Through: Mr. Sachin Datta, Sr. Advocate with Ms. Prity Sharma, Advocate
VERSUS
SOUTH DELHI MUNICIPAL CORPORATION OF DELHI..... Defendant
Through: Mr. Anshumaan Bahadur, Advocate for Mr. Gaurang Kanth, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 11.03.2015
I.A. 4966/2015 (by the plaintiff u/S 151 CPC for withdrawal of the suit)
JUDGMENT

1. The present application has been filed by the plaintiff praying inter alia for permission to withdraw the suit while reserving its right to initiate fresh legal proceedings against the defendant in the event the High Level Committee constituted by the Chief Secretary, Govt. of NCT of Delhi to examine the dispute between the parties, subject matter of the suit, is unable to resolve it.

2. Counsel for the defendant/SDMC enters appearance and states that a copy of the application has been furnished to him and he does not oppose the prayer made therein. CS(OS) 2982/2014 2015:DHC:2365

3. For the reasons stated in the application, the same is allowed. The suit is dismissed as withdrawn alongwith the pending applications while granting leave to the plaintiff, as prayed for. HIMA KOHLI, J MARCH 11, 2015 rkb