M/S Sms Aamw Tollways Pvt Ltd vs South Delhi Municipal ...
2015 Latest Caselaw 2118 Del

$~43.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 2982/2014 and I.A. 19064-19068/2014
      M/S SMS AAMW TOLLWAYS PVT LTD              ..... Plaintiff
                     Through: Mr. Sachin Datta, Sr. Advocate with
                     Ms. Prity Sharma, Advocate

                         versus

      SOUTH DELHI MUNICIPAL CORPORATION OF DELHI
                                                   ..... Defendant
                    Through: Mr. Anshumaan Bahadur, Advocate
                    for Mr. Gaurang Kanth, Advocate
      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                         ORDER

% 11.03.2015

I.A. 4966/2015 (by the plaintiff u/S 151 CPC for withdrawal of the suit)

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

inter alia for permission to withdraw the suit while reserving its right

to initiate fresh legal proceedings against the defendant in the event

the High Level Committee constituted by the Chief Secretary, Govt. of

NCT of Delhi to examine the dispute between the parties, subject

matter of the suit, is unable to resolve it.

2. Counsel for the defendant/SDMC enters appearance and states

that a copy of the application has been furnished to him and he does

not oppose the prayer made therein.

3. For the reasons stated in the application, the same is allowed.

The suit is dismissed as withdrawn alongwith the pending applications

while granting leave to the plaintiff, as prayed for.

HIMA KOHLI, J MARCH 11, 2015 rkb