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Judgment
10 paragraphs · 312 words.
Ajay Mohan Goel, J
By way of this Civil Suit, the prayer of the plaintiffs is, inter alia, for grant of a decree for recovery of the amount claimed therein, to which the plaintiffs are stated to be entitled in lieu of sale of a ‘Patent’ by them to the defendant.
In this background, when the matter was taken up before this Court on 09.11.2023, the following order was passed:
“Defendant stands served. None has put in appearance on behalf of the defendant.
Having heard learned counsel for the plaintiff, this Court is of the considered view that the suit has to be registered as a commercial suit in terms of the dispute raised in the plaint, which is covered by the definition of “commercial dispute” as defined in Section 2 (1) (c) (xvii) of the Commercial Courts Act, 2015.
Learned counsel for the plaintiff submits that the matter be taken up after one week. As prayed for, list on 22.11.2023.”
Today, learned counsel for the plaintiffs submits that the plaintiffs be permitted to withdraw the suit so that the plaintiffs can invoke the provisions of Section 12A of the Commercial Courts Act, 2015 and proceed to have their grievance redressed in accordance with law. He further prays that the Court Fee that has been appended with the Civil Suit as well as the original documents filed along with the Civil Suit be also ordered to be refunded/ returned to the plaintiffs.
Having heard learned counsel for the plaintiffs, as prayed for, present Civil Suit is permitted to be withdrawn with liberty, as prayed for. Registry is directed to refund the Court Fee to the plaintiffs in accordance with law as also the original documents, if any, filed by the plaintiffs.
The Civil Suit stands disposed of. Pending miscellaneous applications, if any, also stand disposed of.