Super Cassettes Industries ... vs Baba Enterprises
2017 Latest Caselaw 3800 Del

$~3
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                             Decided on: 31st July, 2017
+                         CS(COMM) 693/2016
      SUPER CASSETTES INDUSTRIES
      PRIVATE LIMITED                            ..... Plaintiff
                    Represented by: Ms. Prachi Aggarwal and Ms.
                                    Mrinali Menon Advocates Mr.
                                    S.K. Dutta (constituted
                                    Attorney)
                    versus

    BABA ENTERPRISES                                            ..... Defendant
                  Represented by: None.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA

MUKTA GUPTA, J. (ORAL)

CS(COMM) 693/2016 and I.A. No. 7177/2016 (under Order XXXIX Rule 1 and 2 CPC)

1. Learned counsel for the plaintiff on instructions from the authorised representative of the plaintiff seeks leave to withdraw the suit as the disputes have been settled between the parties.

2. Mr. S.K. Dutta son of late Shri A. N. Dutta is present in Court and is identified by learned counsel for the plaintiff. Authorisation in favour of Mr. S.K.Dutta has already been filed by the plaintiff in the form of extracts of minutes of meeting of Board of Directors of the plaintiff dated 16th June, 2014, copy whereof is at page 208 of the documents file.

3. Mr. S.K. Dutta as the authorised representative of the plaintiff has instituted the suit and is duly authorised to prosecute, defend and follow up

civil as well as criminal proceedings.

4. Mr. S. K. Dutta states that he is authorised and competent to make statement on behalf of the plaintiff and has instructions to withdraw the suit and the application.

5. In view of the statement of the authorised representative of the plaintiff the suit and the application are dismissed as withdrawn.

6. Mr. S.K. Dutta, authorised representative of the plaintiff has signed this order sheet in acknowledgement of his statement made above.

7. Since the suit has been withdrawn pursuant to a settlement and before the trial began, Court fee be returned to the plaintiff as per Section 16A of the Court Fees Act.

MUKTA GUPTA (JUDGE) JULY 31, 2017 'yo'