Sucharu Enterprises v. The Official Liquidator,High Court, Gujarat Being Liquidator Of Motorol(I) Ltd.In Liquidation.And O

s 3086 of 1999 (906).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.3086 OF 1999 Sucharu Enterprises ...

Plaintiff versus The Official Liquidator, High Court, Gujarat of M/s. Motorol (I) Ltd. & Ors. ...

Defendants Mr. M. Kalyaniwala i/by M/s. Mulla and Mulla, for Plaintiff. Ms. Vaishali Bhilare, for Defendant No.6.

Mr. Anant Narayan, for Defendant No.7.

Mr. Saurabh Kaushal of Sucharu Enterprises, present. Mr. Anitesh Manisingh Manager Legal and Mr. M.S.Suresh Kumar, AGM (Legal) of Canara Bank, present.

CORAM: S.J. KATHAWALLA, J.

DATE: 14 th DECEMBER, 2015 P.C.:

1.

Heard the learned Advocates for the parties and the following order is passed by consent :

(i) The Plaintiff is not pressing the Suit against Defendant Nos.1, 2 and 5. The Suit against Defendant Nos.1, 2 and 5 is therefore, dismissed for want of prosecution.

(ii)From the amount of Rs.2,93,38,405/- deposited with the Prothonotary and Senior Master of this Court, an amount of Rs.1,88,50,000/- shall be handed over to Canara Bank and the balance amount to the Plaintiff within a period of two weeks from today.

ssp 1/2

s 3086 of 1999 (906).sxw (iii)A copy of this order shall be forthwith served by the Advocate for the Plaintiff on the Defendants against whom the Suit is dismissed. (iv)The parties shall act on a copy of this order duly authenticated by the Associate of this Court.

( S.J.KATHAWALLA, J. ) ssp 2/2