The High Court · 2020

Rep. by its President, Mr. Olivier Monin ...Respondents / Petitioners in CRP.No.144 ot 2O21 ...Respondents in I.A.No.1 ot 2024 in CRP.No.'|44 ot 2021 l.A. NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the Petitaoner herein lo withdraw the present Civil Revision petition. lA NO: 1 OF 2021 Petition under Section 1 51 CPC praying that in the circumstances stated in the affidavit filed in suppo( of the petition, the High Court may be pleased to allow the present Application and take on record the additional documents being emails dated 22 December 2020, 5 January 2021 and 9 January 2021 mentioned in para 5 of the instant Application. lA NO: 2 OF 2021 Petition under Order XXXIX Rule 1 and 2 r/w Section 15i CpC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to restrain Respondent No. 1 from utilizing any confidential proprietary information of the Petitioner/Applicant relating to customers, contacts, market and distribution network or any such proprietary information acquired from Respondent No.2 or its employees, agents or representatives. lA NO: 3 OF 202'l Petition under Section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to allow the present Application and take on record the additional documents as aforesaid. Counsel for the Petitioner Mr Tarun G Reddy Counsel for the Respondents Mr S Ravi, Senior Counsel Representing Mr Deepak Misra COMMERCIAL COURT APPE AL NO: 44OF 2020 Appeal under section 13 of the commercial courts. commercial Division and commercial Division and commercial Appellate Division of High courts Act,20.t5 against the order dated 16-11-2020 made in t.A.No.644 of 2o2o in c.o.S.No.14 of 2020 on the file of the court of the Xlll Additional District and sessions Judge-cum- Commercial Court, Ranga Reddy District at LB Nagar. Between: Saksham lmpex Pvt. Ltd, A Company 1956, Having its registered office at 32 Rep. by its Director, Mr. Ashish Dubey lncorporated under the Companies Act, 1-S, Chirag Dilli, New Delhi-110 017 I ..Appellant in COMCA.No.144 ot 2021 ...Petitioner / Appellant in l.A.No.1 ot 2024in COMCA.No.144 of 2021 ANO 1. Monin lndia Pvt. Ltd., A Company lncorporated under the Companies Act, 2013, Having its registered office at Regus Level 2, Oval Building I Lab Centre Plot No 18, Madhapur Hyderabqd, TG 500081 lndia Aei. by its Managing Director, I\4r. Germain Araud ...Respondent No 1 in COMCA.No.144 ot 2021

2. Georges Monin Sas, A Company lncorporated under the laws of France, Having registration number 573721370, Having its registered office at 5 Rue Ferdinand de Lesseps-BP 25- 18000 Bourges Cedex-France Rep. by its President, Mr. Olivter [Vlonin ...Respondent No 2 in COMCA.No.144 oI 2021 ...Respondents in l.A.No.1 ot 2024 in COMCA.No.144 of 2021 l.A. NO: 1OF 2024 Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner to unconditionally withdraw the present petition. lA NO:1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased be pleased the above referred appeal to be listed and heard in an expedited manner together with the Revision petition bearing CRP.No.'14412021. Counsel for the Petitioner : Counsel for the Respondents : Mr Tarun G Reddy Mr S Ravi, Senior Counsel Representing Mr Deepak Misra The Court made the following Common Order : I THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HON'BLE JUSTICE B.R.MADHUSUDHAN RAO !.4.nq,.1 o_E 2024 IN/AND grvI! sEvLSraN rEIIIION Nq._144 qF_2O21 ANp COMCA.NO.44 OF 2O2O Mr. Tarun G Redd.y, learned counsel for thc pelitioner in CRI,.NO. 1.14 of 2O2l and the appellant in COMCA.NO.44 of 2O2O Mr. S. Ravi, Iearned Senior Counsel representing Mr. Deepak Misra, learned counsel for the respondents. COMMO ,ORDER: (Pcr Hon'ble Justice Moushumi Bhattacharya) The petitioner in Civil Revision Petition (CRP) No. 144 of 2027 and the appellant in COMCA.No.44 of 2O2O seeks to uncondirionally withdraw both t.he CRP as well as tl-re COMCA.

2. The respondents have filed their counter opposing the withdrawal on the ground inter alia of approbation and reprobation. The respondents have accordingly prayed for costs.

3. Since the prayer is lor unconditional withdrawal, it is not be necessary to reier to the facts or the contentious argunrents made on behalf of the parties in cletail. The only relevant fact is that the petitioner filed CRP No. 144 of 2O2l lrom an order allowing the respondents' applical.ion for refercnce o[ the parties to Arbitration under sections 45 read r,r,ith 8 of The Arbitration and Conciliation Act, 1996. The petitioner also filed COMCA.No.44 of 2O2O against an order allowing the respondents' application for rejection of the petitioner's plaint under Order VII Rule 11(d) of The Code of Civil Procedure, 1908.

4. We have been infor'med that the respondents Iiled a Commercial Suit in the Delhi High Court in 2022, where the petitioner I'iled an application for referring the parties to Arbitration under sections 45 read with 8 of the 1996 Act'

5. The petitioner/appellant now prays for withdrawal of both the CRP as well as the COMCA on the ground that the petitioner/appellant now has a change of thought (or better advice) and will prefer to explore the arbitration option' I

6. We have heard learned counsel appearing for the well as learnecl Senior Counscl appearing for petitioner/apPellant as the respondents.

7. karned Senior Counsel urge s that the petitioner should be madeliableforcostssincethepetitionerhadtaken'adiametrically opposite stand before a Co-ordinate Bench on 18 'Ol '2024' where the petitioner had unequivocally exprcssed its reluctance to go to arbitration. Senior counsel submits that the change of position has cost the respondents dela-y of four years in the interregnum' The respondents could not take steps in aid of the arbitration during the intervening Period. I ./ J

8. Order XXIII Rule 1 of The Code of Civil procedure, l9og, authorizes a plaintiff to abandon the Suit or part of the claim at any time after the institution of the Suit. The proviso to Order XXIII Rule I is not relcvant to the present case. Order XXIII Rule 1(3) covers a scenario tr.hcre the Court upon satisfaction grants permission to the plaintiff to withdraw the Suit where the plaintiff seeks to institute a fresh Suit in respect of the subject matter. \

9. Whatever may have been initially submitted before the Court, counsel appearing lor the petitioner/ appellant clarihes that the petitioner/appellant seeks withdrawal of the CRp and the COMCA without any conclitions or any other attending prayer.

10. It is important to record thc submissions made by learned Senior Counsel for the respondents that the respondents do not have any objection to an unconditional withdrawal without any leave for instituting fresh proceedings. 1 i. Therefore, u,e deem it fit to allow I.A.No. 1 of 2024 for withdrawing the CRP and the COMCA .

12. We havc also weighcd the argumcnts on costs.

13. We deem it fit to impose reasonable costs of Rs. 1 lakh on the petitioner/appellant only for the reason of the petitioner having changed its stand after a delay of more than four years. The I I { t I I t I .1 petitioner/ appeilan t shall pay thc costs to thc respondents within two weeks from date

14. LA.No. 1 of 2024 in CRP No' 144 of 2O2l and COMCA'No'44 of 2O2O are accordingly allowed and disposed of' CRP'No' 1 44 of 2O2l and COMCA.N o.44 of 2O2O arc dismissed as withdrawn' Interim orders, if any, shall stand vacated' All connected applications are disPosed of ,TRUE COPY// sd/- K. sRrNlvASA FAO JorNr RETRAR / SECTION OFFICER To,

1. The Xlll Additional District and Sessions Judge-cum-Commercial Court, Ranga Reddy District at LB Nagar

2. One CC to Mr Tarun G Reddy. Advocate [OPUC] 3. One CC to Mr Deepak nlisra, Advocate [OPUC] 4, Two CD Copies VA/gh Ye' I I HIGH COURT DATED:2010212025 COMMON ORDER l.A.No. 1 ot 2024 in / and $ i .rE s14 14: 2 5 FIB 2ffi f ? I 'J o t t CRP.No.144 ol 2021 and COMCA.N o.44 of 2020 ALLOWING BOTH THE l.A.No.1 of 2024 in CRP.No.144 of 2021 and COMCA.N o.44 of 2O2O & DISMISSING BOTH THE CRP.No.144 of 2021 and COMCA.N o.44 of 2020 AS WTTHDRAWN G oEf, ih,