Grant Medical Foundation, Ruby Hall Clinic v. The New India Assurance Co. Ltd. And ORS.

YBG prod-508-wp-14091-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14091 OF 2017 Grant Medical Foundation, Ruby Hall Clinic ..

Petitioner

Versus

New India Assurance & Ors.

..

Respondents Ms. Benita Kapadia with Aekaanth Nair i/b. M/s. K. Ashar & Co. for petitioner Ms. Ruchika Dave i/b. A.S.Vidyarthi for respondent No.1 Mr. Shrinivas Bhave with Sunayana Kashid i/b. Bhave & Co. for respondent No.2

CORAM

:

MRS. MRIDULA BHATKAR, J.

DATE :

8th February 2018.

P.C.

1] Heard learned Counsel for the petitioner and respondent Nos. 1 and 2.

2] Learned Counsel for the petitioner submits the petitioners are exploring the possibility of settlement and, therefore, the petitioner is seeking leave to withdraw this petition with liberty to file fresh proceedings, if the settlement does not take place. Learned Advocate for respondent No.1 submits that she has no instructions

YBG prod-508-wp-14091-17 about the talks of settlement. Leave granted. Petition is allowed to be withdrawn with liberty.

3] At this juncture, it is pointed out by the Shirestedar that the petition is already dismissed for non removal of office objections. Perused the endorsement dated 8th February 2018 made today itself. It appears that all the objections have been removed by the petitioner except the one which says page nos. 89 to 100 are not properly tagged. On perusal of the paperbook it is found that the said objection is not tenable and is frivolous. Hence, the same is waived. Petition is restored back to file.

4] In the result, the petition is allowed to be withdrawn with liberty as prayed.

(MRS.MRIDULA BHATKAR, J.)