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Bombay High Court

F2 FUN AND FITNESS (INDIA) PVT. LTD.versusCOMBINE FITNESS PRIVATE LIMITED AND 2 ORS

Decided
Disposal
DISPOSED OFF

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The court granted leave to withdraw the suit and dismissed it as withdrawn, thereby disposing of the pending interim application.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 The court examined the request and, finding no impediment, allowed the withdrawal, dismissing the suit as withdrawn.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 No substantive merits of the original dispute were addressed as the suit was withdrawn.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


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