Avon Cycles Limited v. Avon Corporation Ltd

Delhi High Court · 02 Sep 2016 · 2016:DHC:6254
Hima Kohli
CS(OS) 366/2010
2016:DHC:6254
civil appeal_allowed

AI Summary

The Delhi High Court permitted the plaintiff to withdraw the suit against a defendant company under provisional liquidation without prejudice to filing a fresh suit in the future.

Full Text
Translation output
HIGH COURT OF DELHI
CS(OS) 366/2010 & IA No.2628/2010
AVON CYCLES LIMITED ..... Plaintiff
Through : Mr. Sailen Bhatia and Mr. Arun Kr. Jha, Advocates
VERSUS
AVON CORPORATION LTD ..... Defendant
Through : None.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 02.09.2016
JUDGMENT

1. Counsel for the plaintiff seeks leave to withdraw the present suit on the ground that a provisional liquidator has been appointed by the Company Judge, Bombay High Court in respect of the defendant/company and in view of the fact that the defendant/company is not conducting any business for the present, they do not wish to proceed any further against them. However, the plaintiff reserves its right to file a fresh suit against the defendant in the event its business is revived.

2. Leave, as prayed for, is granted. The suit is dismissed as withdrawn, along with the pending application. HIMA KOHLI, J SEPTEMBER 02, 2016 sk/ap