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HIGH COURT OF DELHI
C.S. (OS) No.2366/2009 MAXHEALTHCARE INSTITUTE LTD. Plaintiff
Through: Mr. Neeraj Kishan Kaul, Senior Advocate with
Mr. N. Ganpathy, Advocate.
HIGH COURT OF DELHI
C.S. (OS) No.2366/2009 MAXHEALTHCARE INSTITUTE LTD. Plaintiff
Through: Mr. Neeraj Kishan Kaul, Senior Advocate with
Mr. N. Ganpathy, Advocate.
VERSUS
VIKRANT CHILDREN FOUNDATION AND RESEARCH CENTRE & OTHERS Defendants
CORAM:
JUSTICE SHIV NARAYAN DHINGRA
17.12.2009 The plaintiffseeks to withdraw this suit filed against the defendants on the ground of
' ^ existence ofan arbitration clause.
There is another suit pending between the defendants and DDA being C.S. (OS)
No.1323 of 2005. I consider that the agreement entered into between the plaintiff and the defendants will have material bearing on the suit filed by the defendants against DDA. A bare perusal ofthe record ofthe other suit shows that these facts are not on.the record ofthe suit filed by the defendants.
This suit filed by the plaintiff is hereby dismissed as withdrawn. The plaintiff will have liberty to pursuethe remedy available to him.
However, since this suit contains a copy ofthe agreement entered into between the plaintiff and the defendants in respect ofproposed hospital and the agreement showing that the defendants have received a sum of Rs.5,11,00,000/- from the plaintiffin respect of the land allotted tothedefendants for charitable purpose and torun a hospital onnoprofit and no loss, the record ofthis suit be placed with the record ofthe other suit so that the court dealing with the other suit, which is coming up for hearing tomorrow, has knowledge ofthe facts of this case.
SHIVNARAY^^HINGRA,J.
DECEMBER 17,2009 'AA' 2009:DHC:6183
17.12.2009 The plaintiffseeks to withdraw this suit filed against the defendants on the ground of
' ^ existence ofan arbitration clause.
There is another suit pending between the defendants and DDA being C.S. (OS)
No.1323 of 2005. I consider that the agreement entered into between the plaintiff and the defendants will have material bearing on the suit filed by the defendants against DDA. A bare perusal ofthe record ofthe other suit shows that these facts are not on.the record ofthe suit filed by the defendants.
This suit filed by the plaintiff is hereby dismissed as withdrawn. The plaintiff will have liberty to pursuethe remedy available to him.
However, since this suit contains a copy ofthe agreement entered into between the plaintiff and the defendants in respect ofproposed hospital and the agreement showing that the defendants have received a sum of Rs.5,11,00,000/- from the plaintiffin respect of the land allotted tothedefendants for charitable purpose and torun a hospital onnoprofit and no loss, the record ofthis suit be placed with the record ofthe other suit so that the court dealing with the other suit, which is coming up for hearing tomorrow, has knowledge ofthe facts of this case.
SHIVNARAY^^HINGRA,J.
DECEMBER 17,2009 'AA' 2009:DHC:6183
JUDGMENT