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Justice Jayant Nath allowed the withdrawal of the plea after a statement made by Chawla’s counsel, advocate Deepak Khosla.“Learned counsel for the plaintiff (Chawla) wants to withdraw the application with liberty to avail remedy before the appellate court. Application is dismissed as withdrawn,” the court said.
Chawla had moved the application seeking that her lawsuit against 5G roll out be declared “rejected” instead of “dismissed”.
Chawla’s counsel argued that the complaint, which “never went up to the level of suit”, could only be rejected or returned in terms of the Civil Procedure Code, and not dismissed.
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Justice J R Midha said the plaint in which questions have been raised about health hazards due to the 5G technology was ”not maintainable” and was ”stuffed with unnecessary Scandalous, frivolous and vexatious averments” which are liable to be struck down.
The court said the suit filed by actress-environmentalist and others was to gain publicity which was clear as Chawla circulated the video conferencing link of the hearing on her social media account which resulted in the repeated disruptions thrice by unknown miscreants who continued disruptions despite repeated warnings.