SUPER CASSETTES INDUSTRIES PRIVATE LIMITED v. BABA ENTERPRISES

Delhi High Court · 31 Jul 2017 · 2017:DHC:4084
MUKTA GUPTA
CS(COMM) 693/2016
2017:DHC:4084
civil appeal_allowed

AI Summary

The Delhi High Court allowed the plaintiff to withdraw the civil suit before trial upon settlement and ordered refund of court fees under Section 16A of the Court Fees Act.

Full Text
Translation output
CS(COMM) 693/2016
HIGH COURT OF DELHI
Date of Decision: 31st July, 2017
CS(COMM) 693/2016
SUPER CASSETTES INDUSTRIES PRIVATE LIMITED ..... Plaintiff
Represented by: Ms. Prachi Aggarwal and Ms. Mrinali Menon Advocates Mr. S.K. Dutta (constituted
Attorney)
VERSUS
BABA ENTERPRISES ..... Defendant Represented by: None.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J. (ORAL)
CS(COMM) 693/2016 and I.A. No. 7177/2016 (under Order XXXIX
Rule 1 and 2 CPC)
JUDGMENT

1. Learned counsel for the plaintiff on instructions from the authorised representative of the plaintiff seeks leave to withdraw the suit as the disputes have been settled between the parties.

2. Mr. S.K. Dutta son of late Shri A. N. Dutta is present in Court and is identified by learned counsel for the plaintiff. Authorisation in favour of Mr. S.K.Dutta has already been filed by the plaintiff in the form of extracts of minutes of meeting of Board of Directors of the plaintiff dated 16th June, 2014, copy whereof is at page 208 of the documents file.

3. Mr. S.K. Dutta as the authorised representative of the plaintiff has instituted the suit and is duly authorised to prosecute, defend and follow up 2017:DHC:4084 CS(COMM) 693/2016 civil as well as criminal proceedings.

4. Mr. S. K. Dutta states that he is authorised and competent to make statement on behalf of the plaintiff and has instructions to withdraw the suit and the application.

5. In view of the statement of the authorised representative of the plaintiff the suit and the application are dismissed as withdrawn.

6. Mr. S.K. Dutta, authorised representative of the plaintiff has signed this order sheet in acknowledgement of his statement made above.

7. Since the suit has been withdrawn pursuant to a settlement and before the trial began, Court fee be returned to the plaintiff as per Section 16A of the Court Fees Act.

MUKTA GUPTA (JUDGE) JULY 31, 2017 ‘yo’