Dewanchand Ramsaran Industries v. John Energy Limited And 8 ORS.

4 coms 47-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL SUIT NO. 47 OF 2015 WITH INTERIM APPLICATION (L) NO. 38293 OF 2022 IN COMMERCIAL SUIT NO. 47 OF 2015 Dewanchand Ramsaran Industries ..Plaintiff/s.

v/s.

John Energy Limited and Ors.

..Defendant/s Ms. Maithili Prabhu i/b. MDP & Partners for the Plaintiff Company. Mr. Aditya N. Raut i/b. Desai Desai Carimjee & Mulla for Defendant No.1.

Ms. Anandini Thakur for the Defendant No.4 ICICI Bank. CORAM : R.I. CHAGLA J DATED : 16th FEBRUARY, 2023.

P.C.

1.

The learned Counsel appearing for the Plaintiff has sought leave to withdraw Suit No. 47 of 2015 on the ground that the matter has been settled between the Plaintiff and Defendant No.4 by executing the settlement Agreement dated 15.12.2022. She tenders the copy of resolution passed in the meeting of Board of Directors of the Plaintiff Company, held on 3rd January, 2023, by which they have resolved to withdraw the Commercial Suit No. 47 of 2015 filed against the Defendant before this Court. Copy of the resolution which has been by PRASANNA P SALGAONKAR Date:

2023.02.18 13:17:17 +0530 tendered is taken on record and marked 'X' for identification. PRASANNA P SALGAONKAR P P SALGAONKAR

4 coms 47-15.doc 2.

In view thereof, Suit No. 47 of 2015 is disposed of as withdrawn. 3.

Interim Application filed in the Suit does not survive and accordingly is disposed of.

4.

The court fees shall be refunded in accordance with the Rules. (R.I.CHAGLA J) P P SALGAONKAR