Micromax Informatics Ltd vs Shenzhen Oneplus Technology Co ...
2015 Latest Caselaw 3434 Del

$~37.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 3761/2014
      MICROMAX INFORMATICS LTD                  ..... Plaintiff
                    Through: Mr. Kartik Yadav, Advocate with
                    Mr. Arpan Behl, Advocate

                        versus

      SHENZHEN ONEPLUS TECHNOLOGY CO LTD & ORS... Defendants
                   Through: Mr. Nischal Anand, Advocate with
                   Mr. Aman Taneja, Advocate for D-1.
                   Ms. Mamta Tiwari, Advocate with Ms. Swati
                   Sinha and Mr. Shyam Kumar, Advocates for
                   D-2 and D-3.

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 28.04.2015

I.A. 8825/2015 (by the plaintiff u/O XXIII R 1 CPC)

1. The present application has been filed by the plaintiff seeking

permission to unconditionally withdraw the present suit and at the

same time, reserves its right to contest CS(OS) 3688/2014, a suit

instituted by the defendant No.1 against it.

2. Issue notice.

3. Counsels for the defendant No.1 and defendants No.2 and 3

accept notice and state that they do not have any objection to the

prayer made in the present application being allowed. However, the

defendant No.1 has an objection to the last sentence of para 4 of the

present application, wherein the plaintiff has stated that the defendant

No.1 will not be using the operating software and trademarks of the

defendants No.2 and 3 in any manner, having developed its own

operating software. Counsel for the defendant No.1 states that his

clients do not accept the aforesaid submission.

4. Insofar as the request of the plaintiff for unconditional

withdrawal of the suit is concerned, none of the defendants have any

objection.

5. Accordingly, the present application is allowed. The suit is

dismissed as withdrawn.

6. The dates fixed before the Joint Registrar and the Court stand

cancelled.

7. File be consigned to the record room.

HIMA KOHLI, J APRIL 28, 2015 rkb