M/S Airplaza Retail Holdings Pvt ... vs Santosh Rani & Ors
2015 Latest Caselaw 3169 Del

$~23 *      IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 1683/2014 & IA No.10795/2014
     M/S AIRPLAZA RETAIL HOLDINGS PVT LTD            ..... Plaintiff
                    Through : Mr. Saurabh Kansal, Advocate


                        versus

     SANTOSH RANI & ORS                        ..... Defendants
                   Through : Mr. Gogesh Gupta, Adv.for D-1 to 3.
     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI
                   ORDER

% 20.04.2015

1. Counsel for the plaintiff seeks leave to withdraw the present suit

as he states that the same has been rendered infructuous to a large

extent. He however reserves the right of his client to claim specific

performance of the Agreement to Lease dated 21.11.2013 executed

between the parties in respect of different floors of the subject

premises and for damages in accordance with law.

2. Counsel for the defendants states that he does not have any

objection to the aforesaid request being acceded to.

3. Accordingly, the suit is dismissed as withdrawn, along with the

pending application, with liberty granted to the plaintiff to seek its

remedies against the defendants in accordance with law.

HIMA KOHLI, J APRIL 20, 2015/sk