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Bombay High CourtNMS/407/2019withdrawn

Jasmine Ray @ Berarwalla And ANR. v. 1(A) Ravindra Dandekar,

2019-08-20Hon'Ble Shri Justice K.R. Shriram2 pages

1/2 905.NMS407.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.407 OF 2019 WITH NOTICE OF MOTION NO.1045 OF 2018 WITH NOTICE OF MOTION NO.2077 OF 2018 IN SUIT NO.32 OF 2018 Jasmine Ray nee Berarwalla & Anr.

)....Applicants/plaintiffs V/s.

1(A) Ravindra Dandekar & Ors.

)....Defendants ---- Mr.Karl Tamboly a/w Ms.Parinaz Vakil and Ms.Rhia Mehta i/by Vashi and Vashi for applicants/plaintiffs.

None for defendants.

---- CORAM :K.R.SHRIRAM,J DATE : 20.8.2019 P.C.:- 1.

Mr.Tamboly for applicants states that pursuant to orders passed by this Court, lock of the office premises of Parekh Vora was broken and papers and other documents have been distributed except one file which contained some original documents. Mr.Tamboly states plaintiffs are unable to make out whose documents those are and therefore, plaintiffs will give notice in `Free Press Journal' (in English) and `Navshakti' (in Marathi) informing the public that there are KJ

2/2 905.NMS407.19.doc certain documents which are found in the office of Parekh VoraAdvocates and since all the partners have died, if anybody is interested in collecting the documents, they may contact the Advocate for petitioner within 30 days from the date of notice after which plaintiffs will dispose of those documents. Mr.Tamboly states stand taken by original defendant no.1 was that she had an agreement with the plaintiffs that she will be allowed to use the office during her life time. Since defendant no.1 has died and in view of the fact that all the premises are in the possession of plaintiffs., Mr.Tamboly states nothing therefore remains in the suit and seeks leave to withdraw the suit. 2.

Suit dismissed as withdrawn. Refund of court fees in accordance with Rules. All other interim applications stand disposed. All to act on authenticated copy of this order. (K.R.SHRIRAM,J) KJ