9911796707
|
Home
Issues involved: Declaration sought regarding amalgamation of two research centers, application for withdrawal of suit, opposition by contesting defendants, interpretation of Order 23 Rule 1 of CPC.
Issue 1: Declaration sought regarding amalgamation The suit sought a declaration that there was no amalgamation of two research centers and alternatively, that the amalgamation was void and bad in law. Issue 2: Application for withdrawal of suit Plaintiffs applied to withdraw the suit and pending applications citing a settlement agreement with defendants No. 2 and 9, stating no grievance remained to proceed with the suit. Issue 3: Opposition by contesting defendants Contesting defendants opposed the application for withdrawal, arguing that serious allegations were made in the suit and plaintiffs should withdraw the allegations and tender a public apology before being allowed to withdraw the suit. Issue 4: Interpretation of Order 23 Rule 1 of CPC Plaintiffs relied on Order 23 Rule 1 of CPC for the unconditional withdrawal of the suit, citing the Apex Court's decision in "M/S Hulas Rai Baij Nath vs. Firm K.B. Bass and Co." to support their position. The Court allowed the application for withdrawal of the suit and pending applications, emphasizing the unqualified right of a plaintiff to withdraw under Order 23 Rule 1 of CPC. The Court noted that no counterclaim was filed by the defendants and no application was made to vacate the interim order of status quo, which became inconsequential after the amalgamation. The Court held that no reply to the application was necessary as the plaintiffs sought unconditional withdrawal of the suit.
|
