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Bombay High CourtCP/197/2016disposed off

M/S Morries Energy Ltd. v. M/S Chamber Constructions Pvt. Ltd. Cin No. U45200mh1995ptc087614

2016-07-29Hon'Ble Shri Justice G.S. Patel2 pages

916-CP197-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 197 OF 2016 WITH COMPANY APPLICATION NO. 218 OF 2016 Morries Energy Limited

...Petitioner

Versus

Chamber Construction Private Limited

...Respondent

Mr. D.J. Khambata, Senior Advocate, with Dr.Birendra Saraf, Mr. R. Carvalho, Mr. Rohan Dakshini & Ms.

Ayushi Anandpara, i/b M/s. Federal & Rashmikant, for the Petitioner. Mr. D.D. Madon, Senior Advocate, with Mr. Zal Andhyarujina, Mr. Kunal Dwarkadas, Mr. Punit Damodar, Ms. Nikita Vardhan & Mr. Rashmin Jain, i/b Kanga & Co., for the Respondent.

CORAM: G.S. PATEL, J DATED:

29th July 2016 PC:- 1.

The matter was argued for admission quite extensively. I heard both Mr. Khambata for the Petitioner and Mr. Madon for the Respondent at some length. The hearing concluded yesterday and the matter was kept for orders today.

2.

Mr. Khambata makes an application now, on instructions, for leave to withdraw the present Company Petition. He makes a 29th July 2016

916-CP197-16.DOC statement that his clients will file an appropriate proceeding to which Commercial Courts Act will apply. He also seeks a clarification that the withdrawal of the present Petition should be permitted without prejudice to any other pending proceedings, as also to any other rights and remedies that the Petitioner may have or may wish to adopt. The request is reasonable. 3.

Leave granted with liberty as prayed. The Petition is disposed of as withdrawn in these terms with no order as to costs. 4.

In view of this, the Company Application does not survive and is disposed of accordingly.

(G. S. PATEL, J.) 29th July 2016