Thakkar Investment And Finance Company v. Vispi Burjor Mistry And ORS

903.10680.15-wp FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10680/2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Prathamesh Kamath i/b. Vivek M. Sharma for the petitioner Mr. Amey Patil i/b. Vivek Kantawala & Co. for respondent Nos.2 to 5 Mr. M. S. Athalye i/b. V. A. Shastry for respondent No.1.

CORAM : K. K. TATED, J.

DATE : JULY 26, 2016 P.C.:

1.

Heard. The learned counsel for respondent No.1 plaintiff submits that he received instructions to withdraw the application made by them below Exhibit- 77 in Special Civil Suit No. 1495/2009. To that effect, he made an endorsement on a farad. Same is taken on record and marked "X" for identification.

2.

The learned counsel for the respondent No.1 plaintiff is permitted to withdraw the application under Order VI Rule 17 of the Code of Civil Procedure, 1908 dated 20.06.2014 below Exhibit77 in Special Civil Suit No. 1495/2009. Basavraj G Patil 1/2

903.10680.15-wp 3.

In view of withdrawal of the application below Exhibit- 77, impugned order dated 15.12.2014 passed by the 2nd Jt. Civil Judge, Senior Division Pune is set aside.

4.

The respondent No.1 plaintiff to carry out appropriate amendment in the plaint by deleting the name of the petitioner from the cause title of the plaint within 14 days from today.

5.

If the respondent No.1 plaintiff fails to carry out amendment in the plaint within stipulated time as stated hereinabove, the petitioner is directed to carry out amendment in the plaint.

6.

Writ Petition stands disposed of accordingly. 7.

Parties to act on an authenticated copy of the order.

JUDGE Basavraj G Patil 2/2