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CS(0^^15?0/20a3^^^^^ DELHI AT NEW DELHI
DIPTA GANGULY Plaintiff
Through: Mr. Jayant Mehta, Mr. Dibyadyuti
Banerjee,Ms.Sumedha Haider& Mr. Srikar,Advs.
V0rsiis
ROOPAKBHATTACHARJEE&ORS Defendants
Through: Mr.Arjun Mitra & Ms.Ritika Mitra,:
Advs.for D-1&2.
Mr.Rahul Gupta,Mr. Sheldiar Gupta!
25/26.09.2019
ORDER
1. Thisorderisincontinuationoforderdated 1 September,2019.
2. No settlementhas been reached.
3. The counsel has been heard.
4. No time left.
5. f''® I'®senttotheChamberfordictationofthejudgment.
6. Thecounselfortheplaintiff,underinstructionsstatesthattheplaintiff andherhusband Mr.AnimeshGanguly,bothpresentinCourt,inthelightof thehearing,donotdesiretopursuethesuitandunconditionaUywithdrawthesuit.
7. The counsel for the defendants no.l and 2 and the counsel for' defendantno.3statethattheplaintiffbyheractionofobtaininginterim order m thissuithascausedlossto bothsetsofthedefendantsand while vacating the interim injunction in force in the present suit, equities have to be balanced andthe defendantshaveto becompensated. CS(OS)1560/2013 Page I of[2] 2019:DHC:7824
8. Since the plaintiffand her husband have taken the decision onthe spot today, in Court, to give up the claim which she has been agitating since 2013,it is deemed appropriate that the counsel for the plaintiff may inform this Court by tomorrow i.e. 26 September,2019, whether the plaintiff still abides by the said decision.
9. Mr.Dibyadyuti Banerjee,Advocate has mentioned the matter on 26"^ September,2019 and states thatthe plaintiffeven now stands by the decision to not pursue the suit and to withdraw the same.
10. Though the counsels for the defendants still press for compensation, but in the hope that the sibling relationship between the plaintiff and the defendant no.1 shall be restored, it is not deemed appropriate to go into the said aspect or even to award costs to the defendants ofthis suit against the plaintiff.
11. The suit is dismissed as withdrawn. No costs.
SEPTEMBER 25/26,2019 RAJIV SAHAIENDLAW,J 'gsr'