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Bombay High CourtWP/7148/2015disposed off

Devendra Kumar Swami v. Mr. Deepak Mahesh Jani And ORS

2016-06-09Hon'Ble Shri Justice Rajesh G. Ketkar1 pages

WP7148_15.sxw

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7148 OF 2015 Devendra Kumar Swami ...

Petitioner Vs.

Deepak Mahesh Jani and others ...

Respondents Mr. S. K. Oak i/b. M/s. S. C. Legal for Petitioner. Mr. T. Kapadia i/b. D. H. Law Associates for Respondent No.1. CORAM : R. G. KETKAR, J.

DATE :

JUNE 09, 2016 P.C. :

Heard Mr. Oak, learned Counsel for petitioner and Mr. Kapadia, learned Counsel for respondent No.1.

2.

Mr. Kapadia has tendered affidavit of Deepak Mahesh Jani - respondent No.1 dated 15.04.2016. The same is taken on record and marked 'X' for identification. In this affidavit, respondent No.1 has stated that he does not desire to proceed with the Interim Notice No.384 of 2007 taken out by him for condonation of delay and setting aside the abetment order in Obstructionist Notice No.104 of 1985 and withdraw the same. The statement made in paragraph 2 is accepted. Mr. Oak submits that in view of the statement made in paragraph 2 of the affidavit dated 15.04.2016, Petition may be disposed of. 3.

In view thereof, Petition is disposed of in the light of the statement made in paragraph 2 of the affidavit dated 15.04.2016. Order accordingly.

(R. G. KETKAR, J.) 1/1 Minal Parab