M/S. Sunraj Construction Thru Prop. Mr. Vashdev B. Khushalani v. Mr. Lalchand Chandu Mhatre And ORS

41 WP-6981-2021 spktomin-1.doc BDP-SPS-TAC Corrected as per order dated 01/04/2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6981 OF 2021 BHARAT DASHARATH PANDIT Date: 2022.04.05 16:51:31 +0530 M/s. Sunraj Construction .... Petitioner.

V/s Mr. Lalchand Chandu Mhatre and Others .... Respondents.

Mr. B.K. Bali i/b Bali Associates for the Petitioner. Ms. Gauri Godse for Respondent Nos. 1, 2, 3 and 5. CORAM: NITIN W. SAMBRE, J.

DATE: MARCH 14, 2022 P.C.:- 1] By consent of parties, the impugned order passed by the court below is quashed and set aside.

2] I am informed that the Respondents have preferred counterclaim in the aforesaid suit, which was withdrawn by the Petitioner. In this background Respondent Nos. 1, 2, 3 and 5 intend to take out fresh suit. If any such fresh suit is taken out by the Respondent Nos. 1, 2, 3 and 5, same be adjudicated on its own merits in accordance with law.

3] Petition is disposed of accordingly.

( NITIN W. SAMBRE, J. ) 1/1