M/S RIVERIA APARTMENTS PVT LTD v. STATE BANK OF SAURASHTRA

Delhi High Court · 06 Sep 2013 · 2013:DHC:6690
JAYANT NATH
lA No.14129/2013 in CS(OS) 2507/2010
2013:DHC:6690
civil appeal_allowed

AI Summary

The Delhi High Court allowed the plaintiff's application to withdraw the suit for possession and mesne profits under Order 23 Rule 1 CPC, dismissing the suit as withdrawn.

Full Text
Translation output
HIGH COURT OF DELHI lA No.14129/2013 in CS(OS) 2507/2010
M/S RIVERIA APARTMENTS PVT LTD Plaintiff
Through Ms.Rachna Agrawal, Advocate
VERSUS
STATE BANK OF SAURASHTRA Defendant
Through
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
06.09.2013 lA No.14129/2013 This is an applicationunder Order 23 Rule 1 CPC. Advance copy of the application was sent by courier to the counsel for defendant. There is no appearance on behalfofthe defendant.
Learned counsel for the plaintiff submits that this is a Suit filed for possession and mesne profits. It is stated that the plaintiffs have already received possession and only the issue regarding mesne profits was pending. It is further stated that as per medical advise the
Managing Director ofthe plaintiff cannot appear in Court and there is no other person available who can depose on behalf of the plaintiff
Accordingly, plaintiff wishes to withdraw the present Suit.
Application is allowed.
CS(OS) 2507/2010
In view of the above, suit is dismissed as withdrawn. All pending applications, ifany, also stand disposed of.
JAYANT NATH, J SEPTEMBER 06, 2013 2013:DHC:6690
JUDGMENT