Praveen Rai v. Axis Bank

1. The appellant/plaintiff is aggrievedifcjy the judgment dated 17.12.2016 'i..• V''' • • '' • '^ passed by the feal court/whereunder^the suit filed by him against the respondent/Banllrfor permanent^^irijimctiqn"^^^ daniages wa^partly decreed to the extent that Ihe^respondent/BanM^was restrd^^^ reflecting the •• •• name of the appellant/plaintiff asiasdefalilter oh'Hhe''website of Credit:• • • Information Bureau (India)'LtdV inHtKeisMsf:|)|.;defaulters. However, the learned trial court had declined to grant any damages in favour of the appellant/plaintiff as he has failed to prove the same.

2. Pertinently, in para 20 of the plaint, the appellant/plaintiff had assessed the damages under different heads, namely, on account of financial loss, business loss, mental agony and expenses incurred by him. It has been enquired fr-om the counsel for the appellant/plaintiff as to whether any evidence was led to prove the damages claimed under the aforesaid heads. RFA 141/2017 Page 1 of[2] 2017:DHC:8928 A He candidly states that no such evidence was led and instead, seeks leave to withdraw the present appeal.

3. Leave, as prayed for, is granted. The appeal is dismissed as withdrawn.

4. Atthis stage, counsel for the appellant states that as heiswithdrawing the appeal at the stage ofadmission itself, the court fee affixed on the appeal may be refunded.

5. The Registry isdirected toissue a certificate infavour ofthe appellant for refund ofthe court fee to tlie extent,of'RSj.i2^000^-:'.•••• > V <, M •.•^'<;himakohli,j FEBRUARY 08,2017, / i; ft rkb • i • •. ^ •'4 'ft-' V r;> !. - ',k: 't ^ - 'V —'r< "hfV j- "is if ' "• 'V - • -v'