Oscar Builders Private Limited v. Zubair A. Chashmawala

517.WP7323_2018.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 7323 OF 2018 WITH WRIT PETITION No. 7330 OF 2018 Oscar Builders Private Limited ... Petitioner Vs.

Zubair A. Chashmawala ... Respondent Mr. Sameer Pandit a/w. Ms. Madhupreetha Elango i/b. Wadia Ghandy & Co., Advocate for the petitioner.

Mr. Suraj Iyer i/b. Ganesh & Co., Advocate for the respondent. CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 10th July, 2018.

P.C.:

In these Writ Petitions filed invoking writ jurisdiction under Articles 226 and 227 of the Constitution of India, it is prayed that the trial Court be directed to pass the order in S.C. Suit No. 107238 of 2002 and S.C. Suit No. 107237 of 2002 wherein the withdrawal pursis are filed by the petitioner/plaintiff. 2.

No leave is prayed. It is unconditional withdrawal under Order 21 Rule 1 of the Code of Civil Procedure.

3.

The learned counsel for the petitioner submitted that the petitioner has already withdrawn 9 suits and the precedessor of the 1 / 2

517.WP7323_2018.doc present Judge has allowed the unconditional withdrawal of suits. 4.

In view of this submissions, the learned trial Judge is requested to pass the order on that withdrawal pursis on 16th July, 2017. 5.

Writ Petitions are disposed of.

(MRIDULA BHATKAR, J.) 2 / 2