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2010 (10) TMI 1070

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..... elhi (hereinafter referred to as the EHIRC-Delhi ), with Escorts Heart Institute and Research Centre, Chandigarh (hereinafter referred to as the ?EHIRC-Chandigarh). In the alternative, declaration to the effect that amalgamation of EHIRC- Delhi with EHIRC- Chandigarh, was void and bad in law. 2. Before this matter could go to trial, now the plaintiffs have come up with this application stating that in view of the Settlement-Agreement of 20th October, 2010, executed between the plaintiff and defendants No. 2 and 9, no grievance is left, so plaintiffs do not want to proceed with this suit. Accordingly, permission is sought to withdraw this suit along with pending applications. 3. Learned Senior Counsel for the plaintiffs submits tha .....

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..... plaintiffs to unconditionally withdraw this suit, irrespective of any kind of settlement arrived at between the plaintiffs and defendants No. 2 and 9. It is further asserted by learned Senior Counsel for the plaintiffs that this is not the stage to go into the nature of allegations or averments made in the plaint, as now the plaintiffs are unconditionally withdrawing this suit and the pending applications. 8. According to the learned Senior Counsel for the plaintiffs, they did not derive out any benefit out of the interim Order of status quo, as the amalgamation had already taken place and infact, an application under Order 39 Rule 2A of the CPC had been filed by the plaintiffs and defendants, at no point of time, had filed an application .....

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..... on of the Order of status quo, passed at the first hearing in this matter. Infact, after the amalgamation, Order of status quo was not of much consequence. In any case, in the considered opinion of this Court, no reply to this application is required, as the plaintiffs are now seeking to unconditional withdraw of this suit. 11. In view of the aforesaid, this application is allowed and the plaintiffs are permitted to unconditionally withdraw this suit and pending applications. 12. I.A. stands disposed of. CS(OS) No. 1372/2005 and I.A. No. 7135/2009 (u/O 7 R 11 CPC), I.A. No. 13272/2009 (u/O 7 R 11 (b) CPC), I.A. No. 13287/2009 (u/O 7 R 11 (b) CPC), I.A. No. 9139/2005 (u/O 40 R 4 CPC), I.A. No. 8803/2007 (u/O 39 R 2A CPC) and I.A. No .....

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