Amit Trading Corporation And ORS v. Navin Damji Rambhia

10-11-wp-13944-2023@wp-13948-2023.doc SA Pathan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13944 OF 2023 Amit Trading Corporation & Ors ... Petitioners V/s.

Navin Damji Rambhia ... Respondent Digitally signed by SHABNOOR AYUB PATHAN Date:

2023.11.09 10:59:52 +0530 SHABNOOR AYUB PATHAN WITH WRIT PETITION NO.13948 OF 2023 Amit Trading Corporation & Ors ... Petitioners V/s.

Vimla Navin Rambhia ... Respondent Mr. Sham Walve a/w Ms. Ankita Sovani a/w Ms. Shawn Fernandes a/w Pratik Rahade i/by Ethos Legal Alliance, for Petitioners in both the Writ Petitions. Mr. Sanjay T. Manek, for Respondent in both the Writ Petitions.

CORAM

: AMIT BORKAR, J.

DATED : NOVEMBER 8, 2023 P.C.:

1.

Learned Advocate for the plaintiff on instructions seeks permission to withdraw the Commercial Suit Nos.125 of 2022 and 124 of 2022 with liberty to file summary suit under Order 37 of the Code of Civil Procedure, 1908.

2.

Permission, as prayed for, is granted.

3.

Considering the nature of finding recorded in paragraph 6 of

10-11-wp-13944-2023@wp-13948-2023.doc the impugned order, the respondent is permitted to withdraw the commercial summary suit with liberty to file summary suit under Order 37 of the Code of Civil Procedure, 1908. 4.

In view of the said statement, nothing remains to be adjudicated in both the writ petitions. The writ petitions are, therefore, dismissed as withdrawn.

(AMIT BORKAR, J.)