Extracted from the PDF above. The PDF is authoritative.
$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 183/2023 & I.A. 6125/2023 I.A. 20570/2025 DASSAULT SYSTEMES & ANR. .....Plaintiffs Through: Mr. Shantanu Sahay, Ms. Vareesha Irfan, Ms. Swastik Bisarya, Advocates versus ACD COMMUNICATIONS PRIVATE LIMITED .....Defendant Through: Mr. Manish Kumar Shekhari, Advocate
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA O R D E R %
22.08.2025 CS(COMM) 183/2023 and I.A. 20570/2025
1. This is an application under Order XXIII Rule 1 of the Code of Civil Procedure, 1908, filed by the plaintiff seeking leave to withdraw the suit, with liberty to file a fresh suit in case of a fresh cause of action.
2.
Learned counsel for the plaintiff states that parties have arrived at a commercial settlement, whereunder the defendant has agreed to purchase the plaintiff’s software as set out in paragraph 2 of this application.
2.1. He states that in view of this settlement, the cause of action in the present suit stands satisfied. He therefore seeks leave to withdraw the said suit.
3. Issue notice. Learned counsel for defendant accepts notice.
4. In the prayer clause 4(a) of this application, the plaintiff has averred This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/08/2025 at 11:56:56
that liberty may be reserved to the plaintiff to file a fresh suit in case of fresh cause of action.
5. In the considered opinion of the Court no liberty is required to be granted by Court to a plaintiff, in respect to a fresh cause of action. Liberty is granted to a plaintiff under XXIII Rule 1 CPC for the existing cause of action. However, in this case admittedly the cause of action stands satisfied and thus the prayer seeking liberty does not arise for consideration. In case any fresh cause of action arises, the plaintiff will have to exercise its remedies in accordance with law.
6. Accordingly, suit is dismissed as withdrawn simplicitor, without liberty reserved.
7. In view of the aforesaid, this application stands disposed of.
8. Pending applications stand disposed of.
9. Interim order stands vacated.
10. Future dates stand cancelled.
MANMEET PRITAM SINGH ARORA, J AUGUST 22, 2025/mt/MG This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/08/2025 at 11:56:56