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o-23 r-1

Querist : Anonymous (Querist) 21 March 2010 This query is : Resolved 
Suit filed by co-op society against the company private Ltd. And its directors in civil court for recovery of loan amount some director have not sign the loan documents society gone in liquidation in liquidator issued notices u/s 105(h) of Mah.co-op act. Then some directors have filed amendment application for counter claim in W.S then the liquidator tried to withdraw the suit u/the O-23 R-1 without leave of court.
Whether the director can succeed in to restrict the liquidator for withdrawal of suit?
If yes under which provision and give the related case laws or cited cases?
Thank u.
Raj Kumar Makkad (Expert) 21 March 2010
No. Defendants cannot succeed to restrict the plaintiff society represented through liquidator to withdraw its suit under Order 23 Rule 1 of CPC.
Parveen Kr. Aggarwal (Expert) 21 March 2010
If the suit is intended to be withdrawn on behalf of the society without obtaining leave of the court then what is harm in such withdrawal.

The counter claim can still be proceeded with.


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