Madhukar Bhau Pansare And M.S. Rane v. Suresh G. Zantey And 6 ORS.

9.S.2753 .11.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 2753 OF 2011 WITH NOTICE OF MOTION NO. 40 OF 2018 WITH NOTICE OF MOTION NO. 1599 OF 2018 IN SUIT NO. 2753 OF 2011 Madhukar Bhau Pansare & Anr.

...

Plaintiffs

Versus

Suresh Govind Zantey & Ors.

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Defendants Mr. Ganesh Murthy i/b K.V. Aiyar & Associates for the Plaintiffs. Mr. V.S. Panandikar, Assistant Section Officer, Court Receiver, present. Ms. Smita Sawant a/w Amol Kharat for Defendant No.7. CORAM : R.I. CHAGLA, J.

DATED : 4th JULY, 2019.

P.C. :

The learned Counsel for the Plaintiffs seeks permission to withdraw the Suit as the Suit has become infructuous. The learned Counsel for Defendant No.7 seeks discharge of the Bank guarantees which was issued pursuant to orders of this Court as the Suit is now being withdrawn.

Waghmare 1/2

9.S.2753 .11.doc Accordingly, the Plaintiffs are permitted to withdraw the Suit. The two Bank guarantees which have been extended on 07.03.2019 for a period of six months, are discharged.

The Suit is accordingly dismissed as withdrawn. The interim applications in view of the withdrawal of the Suit, shall stand disposed of. The Court Receiver has been appointed in respect of the subject property, is discharged on payment of costs and charges, if any. The Plaintiffs shall be entitled to refund Court fees as per law. Today's date shall be treated as the date of application for refund.

(R.I. CHAGLA, J.) Waghmare 2/2