32- • * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.S. (OS) No.2366/2009 MAXHEALTHCAREINSTITUTELTD. Plaintiff Through:Mr. NeerajKishanKaul, SeniorAdvocatewith Mr. N. Ganpathy, Advocate. versus VIKRANTCHILDRENFOUNDATIONAND RESEARCH CENTRE & OTHERS Defendants CORAM: JUSTICE SHIV NARAYAN DHINGRA ORDER % 17.12.2009 The plaintiffseeksto withdrawthis suit filed againstthe defendantson the groundof ' ^ existenceofan arbitrationclause. There is another suit pending between the defendantsand DDA being C.S. (OS) No.1323 of 2005. I considerthat the agreemententered into betweenthe plaintiffand the defendantswill have material bearingon the suit filed by the defendantsagainstDDA. A bare perusalofthe recordofthe othersuit showsthatthesefacts are not on.the recordofthe suit filed by the defendants. This suit filed by the plaintiffis hereby dismissedas withdrawn. The plaintiffwill have libertyto pursuethe remedyavailableto him. However,since this suit containsa copy ofthe agreemententered into betweenthe plaintiffand the defendantsin respectofproposedhospitaland the agreementshowingthat the defendantshave receiveda sum of Rs.5,11,00,000/-from the plaintiffin respectof the landallottedtothedefendantsfor charitablepurposeand to run a hospitalonnoprofitand no loss,the recordofthis suitbe placedwith the recordofthe othersuit so thatthe courtdealing with the other suit, which is comingup for hearingtomorrow,has knowledgeofthe facts of this case. SHIVNARAY^^HINGRA,J. DECEMBER 17,2009 'AA' Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified