Shobha Seth vs Ravi Khanna & Ors.
2015 Latest Caselaw 3735 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+           CS(OS) 473/2014 & IA No.3191/2014
            & IA No.9694/2015

                                               Decided on: 07.05.2015

IN THE MATTER OF:
SHOBHA SETH                                        ..... Plaintiff
                        Through Mr.Ajit Sharma, Advocate

                        versus

RAVI KHANNA & ORS.                              .... Defendants
                        Through Mr.Ashish Kumar, Advocate for D-1
                        Mr.Rajesh Lathigara, Advocate for D-2, D-5 to
                        D-7


CORAM
HON'BLE MS.JUSTICE HIMA KOHLI


HIMA KOHLI, J.(Oral)


1.

Counsel for the plaintiff states that he had informed the Joint

Registrar on 10.4.2015 that her client had arrived at a settlement with

all the defendants, except for the defendant No.1 and she did not wish

to pursue the present suit any further.

2. In view of the said submission, the case has been placed before

the court. Pertinently, on the last date of hearing, the defendant No.1

had remained unserved, though a counsel had entered appearance on

behalf of the defendants No.2, & 5 to 7.

3. Counsel for the plaintiff reiterates the said submission and states

that he may be permitted to withdraw the suit in view of a settlement

arrived at with all the defendants, except for defendant No.1.

4. At this stage, learned counsel enters for the defendant No.1 and

states that the defendant No.1 may be transposed as a plaintiff in the

suit.

5. In view of the submission made by learned counsel for the

plaintiff that he has instructions to withdraw the suit, the same is

dismissed as withdrawn, along with pending applications. However,

liberty is granted to the defendant No.1 to seek his remedies against

the plaintiff and/or other defendants, in independent proceedings, as

may be available to him, in law.

                                                       (HIMA KOHLI)
MAY 07, 2015                                              JUDGE
Mk/ak