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Bombay High CourtCOMS/436/2019disposed off

Reliance Project Ventures And Management Pvt. Ltd. And ANR. v. Ecl Finance Ltd. And 4 ORS.

2021-02-16Hon'Ble Shri Justice B.P. Colabawalla4 pages

Dhanappa I. Koshti

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Dhanappa I. Koshti Date: 2021.02.25 17:34:46 +0530 COMMERCIAL SUIT NO.436 OF 2019 WITH NOTICE OF MOTION NO.821 OF 2019 IN COMMERCIAL SUIT NO.436 OF 2019 Reliance Project Ventures & Management Pvt. Ltd. & Anr.

...Plaintiffs V/S ECL Finance Ltd. & Ors.

...Defendants Ms. Nikita Mishra i/b. Rashmikant & Partners for Plaintiffs. Mr. Shaunak Gokhale i/b. Apex Law Partners for Defendant No.5.

Mr. Vijayendra Purohit i/b. Manilal Kher Ambalal & Co. for Defendant Nos.1 to 4.

CORAM : B. P. COLABAWALLA, J.

DATED : 23rd FEBRUARY, 2021.

P.C.

The present Application has been moved for Speaking to the Minutes of the order dated 16th February 2021. The learned advocate appearing on behalf of the Plaintiff has brought to my attention that though the Suit was allowed to be withdrawn, due to inadvertence, there is no direction in the order regarding refund of court fees.

2.

Having heard the learned advocate appearing on behalf of the Plaintiff, at the end of paragraph 3, the following shall be added:

"Refund of court fees, if any, as per rules". No other correction is sought. The correction shall be carried out in the original order as well as order uploaded on the server.

3.

Secretary/Personal Assistant of this Court. All concerned shall this order.

(B. P. COLABAWALLA, J.) THE CORRECTED ORDER READS THUS:

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL SUIT NO. 436 OF 2019 WITH NOTICE OF MOTION NO. 821 0F 2019 IN COMMERCIAL SUIT NO. 436 OF 2019

Reliance Project Ventures & Management Pvt. Ltd. & Anr.

... Plaintiffs / Applicants Vs ECL Finance Ltd. & Ors.

... Defendants / Respondents Mr.Aman Kacheria i/b. Rashmikant & Partners for the Plaintiffs/Applicants.

Mr. Sachin Chandarana a/w. Mr. Vijayendra Purohit a/w Mr. Pruthvi Dhinoja i/b. Mr. Manilal Kher Ambalal & Co. for Defendant Nos.1 to 4.

Mr.Shannak Lokhande i/b. Apex Law Partners for Defendant No.5.

CORAM : B.P. COLABAWALLA, J.

TUESDAY, 16TH FEBRUARY, 2021 P.C. :

The learned Advocate appearing on behalf of the plaintiffs has tendered an email received from the plaintiffs' giving them instructions to withdraw the above Suit. The Email is taken on record and marked as "X" for identifcation. The learned Advocate, therefore, submitted that the plaintiffs be allowed to withdraw the above Suit.

In these circumstances, the above Suit is dismissed as withdrawn. No order as to costs. Refund of court fees, if any, as per rules.

In view of the withdrawal of the Suit, nothing survives in Notice of Motion No.821 of 2019, and the same is disposed of accordingly.

Secretary/Personal Assistant of this Court. All concerned shall this order.

B.P. COLABAWALLA, J.