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Judgment
.
Ajay Mohan Goel, J
When this case was listed on 03.01.2023, the following order was passed:
“OMP No. 842 of 2022
In this case, no written statement has been filed by the defendant within the statutory period as is envisaged under the provisions of the Amended Code of Civil Procedure, as applicable to the Commercial Courts Act, 2015.
Faced with this situation, learned counsel for the defendant has submitted that fact of the matter also is that the suit has been filed by the plaintiff without seeking any interim relief and in the teeth of Section 12A of the Commercial Courts Act, the suit itself is per se not maintainable, as the statutory via media as is provided under Section 12A of the Commercial Courts Act has to be adhered to by the plaintiff.
Learned Senior Counsel appearing for the plaintiff submits that hearing of the case be deferred by about four weeks, so that he can address the Court on this issue. As prayed for, list for consideration on 27th February, 2023.”
Learned counsel for the plaintiff submits that he has instruction to withdraw the present suit, but with liberty to have recourse to such remedy as may be available in law.
Present Commercial Suit is permitted to be withdrawn, with liberty, as prayed for. The Court fee be refunded to the plaintiff as per rules. The suit stands disposed of accordingly, so also the pending miscellaneous applications, if any.