Rommel Investment Pvt. Ltd vs N.S.E & Ors
2015 Latest Caselaw 8843 Del

$~3
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 2158/2008 & IA No.12437/2008
      ROMMEL INVESTMENT PVT. LTD                       ..... Plaintiff
                    Through : Mr. Jatin Zaveri, Advocate

                        versus

      N.S.E & ORS                                     ..... Defendants
                        Through : Mr.Rajiv Bahl, Advocate for D-2.
                        Ms. Mithun Jain with
                        Mr. Deepak Pathak, Advocate
                        for D-3/Oxford International Finance Limited.

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI
                    ORDER

% 27.11.2015

1. The present suit for mandatory injunction has been instituted by

the plaintiff against five defendants and the same is at the stage of

framing of issues.

2. Counsel for the plaintiff states at the outset that the contesting

defendants in the present suit are defendant No.1/NSE and defendant

No.3/Oxford International Finance Limited. He seeks leave to withdraw

the present suit with liberty to institute a fresh suit against the

defendant no. 1 and 3 at Mumbai.

3. Counsels for the parties jointly clarify that vide order dated

12.10.2009, the name of the original defendant No.3/SEBI was struck

off from the array of parties and resultantly, Oxford International

Finance Limited is defendant no. 3.

4. Counsels for the defendant No. 2 and defendant no. 3/Oxford

International Finance Limited state that they do not have any

objection to the request made by the other side.

5. Accordingly, liberty is granted to the plaintiff/company to

withdraw the present suit, while reserving its right to institute a fresh

suit against defendants No.1 & 3, before the competent court, in

accordance with law.

6. At this stage, counsel for the plaintiff states that the original

documents filed in the present suit may be returned to him.

7. Upon the plaintiff filing the certified copies of the relevant

documents, the originals thereof shall be returned to the plaintiff,

through counsel.

8. The suit is disposed of, along with the pending application.

9. File be consigned to Record Room.

HIMA KOHLI, J NOVEMBER 27, 2015 sk/ap