1. The present petition under Article 227 of the Constitution of India has been preferred petitioner-original defendant to quash and set aside the impugned order passed by the learned Additional District Judge, Vadodara below Exh. 12 dated 04/08/2010 in Civil Suit No. 13/2010 by which the learned trial Court has dismissed the said application submitted by the petitioner-original defendant to dismiss the suit/plaint in exercise of powers under Order 7 Rule 11(a) & (d) of the Code of Civil Procedure.
2. After the matter was argued for some time and considering the decisions of this Court in the case of Lark Laboratories Ltd. Vs. Nabros Pharma Pvt. Ltd. reported in 2009 (2) GLH 761 and in the case of Unilever PLC and Anr Vs. Vesco Laboratories & Anr reported in AIR 2010 GUJARAT 8, Shri Vakil, learned advocate appearing on behalf of the petitioner does press the present petition, however, has requested to reserve the liberty in favour of the petitioner to submit an appropriate application before the learned trial Court under Order 7 Rule 10 of the Code of Civil Procedure and/or to submit an appropriate application before the learned trial Court to dismiss the suit qua the relief claimed for which either there is no cause of action and/or the suit would not be maintainable. He has requested to make a suitable observation that as and when such an application is made the same be considered in accordance with law and on its own merits, without, in any way, being influenced by the impugned order.
3. Shri Nanavati, learned advocate appearing on behalf of the respondent-original plaintiff has no objection if the petitioner is permitted to withdraw the present petition with the above liberty.
4. In view of the above, the present petition is dismissed as withdrawn. However, liberty is reserved in favour of the petitioner to submit an appropriate application before the learned trial Court under Order 7 Rule 10 of the Code of Civil Procedure and/or to submit an appropriate application before the learned trial Court to dismiss the suit qua the relief claimed. As and when any application is submitted, the same be considered in accordance with law and on its own merits, without, in any way, being influenced by the impugned order. Rule is discharged. Ad-interim relief granted earlier, if any, stands vacated forthwith.
CIVIL APPLICATION No. 11652/2011
In view of disposal of the main petition, no order in the Civil Application.
Direct service is permitted.
(M.R. SHAH, J.) siji