Kryshnajay Developers Pvt. Ltd. v. Kapil M. Mahtani And 3 ORS.

by JITENDRA SHANKAR NIJASURE Date:

2022.02.25 14:18:46 +0530 JITENDRA SHANKAR NIJASURE 901-902-coms-948-2125-2022.doc jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMS. SUIT (L) NO.2125 OF 2022 WITH SUIT NO.948 OF 2018 Kryshnajay Developers Pvt. Ltd.

...Plaintiff

Versus

Kapil M. Mahtani & Ors.

...Defendants ---------- Mr. Raju Subarmaniam, Senior Counsel with Paritosh Jaiswal with Phiroze Merchant i/b. M/s. Kanga & Co. for the Plaintiff in both Suits.

Mr. Shehzad A.K. Najam-es-sani i/b. Manksha & Sethna for Defendant Nos.1 and 2.

Ekta Dalvi, Defendant No.4 in COMS No.948 of 2018 and Defendant No.3 in COMS (L) No.2125 of 2022.

---------- CORAM :

R.I. CHAGLA J DATE :

24TH FEBRUARY, 2022 ORDER :

1.

The learned Senior Counsel appearing for the Plaintiff seeks leave to withdraw the above Suits with liberty to file a fresh composite Suit. The Suits are disposed of as withdrawn with liberty as prayed.

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901-902-coms-948-2125-2022.doc 2.

Court fees are to be refunded in accordance with the Rules. For the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso to that Section, today's date is the date of making a claim for repayment. The Prothonotary & Senior Master will issue a certificate for a refund of Court Fees computed according to the Rules. He will act on production of an authenticated copy of this order without requiring a separate application.

[R.I. CHAGLA J.] 2/2