Bombay High Court
F2 FUN AND FITNESS (INDIA) PVT. LTD.versusCOMBINE FITNESS PRIVATE LIMITED AND 2 ORS
- Decided
- Disposal
- DISPOSED OFF
- Bench
- ARIF S DOCTOR
Holding
The court granted leave to withdraw the suit and dismissed it as withdrawn, thereby disposing of the pending interim application.
Summary
The plaintiff, F2 Fun And Fitness (India) Pvt. Ltd., filed an application seeking the court's permission to withdraw the commercial IP suit numbered 429 of 2022 against Combine Fitness Private Limited and two others. The plaintiff's counsel, Mr. Hiten Lala, submitted the request before the High Court of Bombay. The court examined the request and, finding no impediment, allowed the withdrawal, dismissing the suit as withdrawn. Consequently, the pending interim application filed in the same suit was deemed to have no longer any basis. The court therefore disposed of the interim application. No substantive merits of the original dispute were addressed as the suit was withdrawn.
Issues considered
- What is the appropriate procedure for a plaintiff to withdraw a civil suit under the Code of Civil Procedure?
- Does the withdrawal of the main suit automatically render any pending interim applications moot?
Subjects
- withdrawal of suit
- Civil Procedure Code
- interim application
- dismissal
- high court
Judgment
Digitally
signed by
MEERA 1/1 3-IA-4274-2022.DOC
MEERA MAHESH
MAHESH JADHAV
JADHAV Date:
2026.02.09
13:22:39
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 4274 OF 2022
IN
COMMERCIAL IP SUIT NO. 429 OF 2022
F2 Fun And Fitness (India) Pvt. Ltd. ...Applicant/Plaintiff
Versus
Combine Fitness Private Limited And 2 Ors ...Defendants
_______
Mr. Hiten Lala i/b Lex Firmus, for the Applicant/Plaintiff.
Ms. Lucy Massey a/w C. S. Bakshi, Ms. Manju Sahu, Mr. Mohsin Shaikh, Mr.
Raashid Zaffar, Ms. Amita Cannel and Ms. Sheetal Gupta, for the Defendants.
_______
CORAM : ARIF S. DOCTOR, J
DATE : 6th FEBRUARY 2026
P.C.
1 Learned Counsel for the Plaintiff seeks leave to withdraw the captioned
suit. The same is accordingly dismissed as withdrawn.
2 In view of the withdrawal of the Suit, interim application does not survive
and the same is accordingly disposed of.
[ARIF S. DOCTOR, J.]
Meera Jadhav
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.