Arvind Singhal & Ors vs Playful Minds Enrichment Ltd & Ors
2015 Latest Caselaw 3090 Del

$~14
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 1710/2014 and IAs No.13191/2014 & 21714/2014
       ARVIND SINGHAL & ORS                     ..... Plaintiffs
                     Through : Mr. Raman Duggal, Advocate


                        versus

       PLAYFUL MINDS ENRICHMENT LTD & ORS           ..... Defendants
                      Through : Mr. Pravin K. Jain, Advocate for D-1.
       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 17.04.2015

I.A. No.7362/2015 (by the plaintiffs u/O XXIII R-1 CPC)

1. The present application has been filed by the plaintiffs praying

inter alia for leave to withdraw the suit with liberty to initiate

appropriate legal proceedings against the defendants, on a fresh cause

of action, in accordance with law.

2. Learned counsel for the plaintiffs states that at the time of

instituting the present suit on 27.5.2014, the plaintiffs had prayed for

the relief of declaration, permanent and mandatory injunction against

the defendants and after the written statement came to be filed by the

defendant No.1, it had transpired that the defendant No.3/SDMC had

registered the said defendant on 28.5.2014 and by virtue of the said

registration, defendant No.1 is entitled to run a play school in the

subject premises, under MPD 2021. He states that in view of the said

facts coming to the knowledge of the plaintiffs along with the

subsequent events, as mentioned in the present application, a fresh

cause of action has arisen and as the suit is at the nascent stage of

completion of pleadings, the plaintiffs seek leave to withdraw the

same, while reserving their right to file a substantive legal proceeding

against the defendants, in accordance with law.

3. Counsel for the defendant No.1 states that he does not have any

objection to the present application being allowed.

4. Despite service of advance copies of the application on the

counsel for the remaining defendants, none is present on their behalf.

It is therefore assumed that they do not wish to oppose the present

application.

5. The application is accordingly allowed and the suit is dismissed

as withdrawn, along with the pending applications, with liberty granted

to the plaintiffs to initiate fresh legal proceedings against the

defendants on a fresh cause of action, as noted above.

6. File be consigned to the record room.

HIMA KOHLI, J APRIL 17, 2015 sk