Starwort Engineers Pvt. Ltd. And ANR. v. Rajkumari Ramnath Harlalka And ANR.

2-WP-11088-11090-2018.odt Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO.11088 OF 2018 M/s. Gujarat Positra Steel Company Ltd.

] Petitioner Vs.

Rajkumari Ramnath Harlalka and Anr.

] Respondents WITH WRIT PETITION NO.11090 OF 2018 Starwort Engineers Pvt. Ltd & Anr.

] Petitioners Vs.

Rajkumari Ramnath Harlalka and Anr.

] Respondents .....

Mr. G.S. Godbole, Senior Advocate Mr. Divesh Chamboowalla a/w Yasmin Godrej, Priyanka Deshmukh i/b Crawford Bayley & Co., learned Counsel for the Petitioners in both the Petitions.

Mr. J. Sen, Senior Advocate a/w Ms. Kavita Shah, learned Counsel for Respondents No.1 and 2.

.....

CORAM : R.G. KETKAR, J.

DATE : 15th APRIL, 2019.

P.C:

Heard Mr. Godbole, learned Senior Counsel for the petitioners and Mr. Sen, learned Senior Counsel for the respondents in both the Petitions at length.

2.

The Petitions were heard at length on 25th March, 2019 and were kept today for passing orders.

2-WP-11088-11090-2018.odt 3.

Writ Petition No.11088 of 2018 takes exception to the judgment and order dated 16th August, 2018 passed by the learned trial Judge below Exhibit 105 in T.E. & R Suit No.110/146 of 2010. 4.

Writ Petition No.11090 of 2018 takes exception to the judgment and order dated 16th August, 2018 passed by the learned trial Judge below Exhibit 104 in T.E. & R Suit No.109/145 of 2010. 5.

By these orders, the Courts below allowed the applications made by the respondents/plaintiffs for carrying out amendment in the plaints. 6.

After arguing the Petitions for quite sometime, Mr. Godbole, on instructions, seeks permission to withdraw the Petitions. 7.

In view thereof, on the motion made by Mr. Godbole, Petitions are allowed to be withdrawn and as such are disposed of. 8.

It is, however, expressly made clear that where a decree is appealed from by the petitioner, any error, defect or irregularity in the impugned order, affecting the decision of the case, may be set forth as a ground of objection in memorandum of Appeal as contemplated by Section 105(1) of C.P.C.

[R.G. KETKAR, J.]