Praveen Rai v. Axis Bank

1. The appellant/plaintiff is aggrieved by the judgment dated 17.12.2016 passed by the trial court, whereunder the suit filed by him against the respondent/Bank for permanent injunction and damages was partly decreed to the extent that the respondent/Bank was restrained from reflecting the name of the appellant/plaintiff as a defaulter on the website of Credit Information Bureau (India) Ltd. in the list of 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 from the counsel for the appellant/plaintiff as to whether any evidence was led to prove the damages claimed under the aforesaid heads. 2017:DHC:109 RFA 141/2017 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 The appeal is dismissed as withdrawn.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. At this stage, counsel for the appellant states that as he is withdrawing the appeal at the stage of admission itself, the court fee affixed on the appeal may be refunded.

5. The Registry is directed to issue a certificate in favour of the appellant for refund of the court fee to the extent of Rs.12,000/-. HIMA KOHLI, J FEBRUARY 08, 2017 rkb