P. P. Jewellers Private Limited v. L. R. Builders Private Limited
2025-06-10
MANMOHAN, PRASHANT KUMAR MISHRA
body2025
DigiLaw.ai
ORDER : 1. Leave granted. 2. During the course of hearing of the present Appeals, learned senior counsel for the Respondent-Plaintiff states that the Plaintiff be allowed to withdraw the underlying suit with liberty to file a fresh commercial suit on the same cause of action before the Commercial Division of the High Court of Delhi within two weeks. 3. Learned senior counsel for the Appellant-Defendant does not object to this Court granting the aforesaid liberty. She also states that the undertaking recorded by the High Court in Para 3 of the impugned order dated 30th May 2025 shall continue and shall abide by the Order to be passed by the High Court in the Order XXXIX Rules 1 & 2 application proposed to be filed in the fresh suit before the Commercial Division of the High Court of Delhi. 4. The statements/undertakings made by learned senior counsel for the parties are accepted by this Court and the parties are held bound by the same. With the liberty as prayed for and without prejudice to the rights and contentions of the parties, the underlying suit stands dismissed as withdrawn. It is clarified that the Commercial Division of the High Court of Delhi shall decide the fresh suit on its own merits. 5. Keeping in view the aforesaid, the impugned order dated 30th May 2025 stands set aside. 6. Accordingly, the Civil appeals are disposed of. 7. Pending applications, if any, shall stand disposed of.