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Bombay High CourtCHS/568/2014withdrawn

Kushboo Tampal v. Bombay Paxwell Pvt. Ltd. And Mr. Rajendra Singh Sethi (Applicants) 9 ORS.

2016-11-30Hon'Ble Shri Justice K.R. Shriram2 pages

6.chs.568.14.s.2341.2011.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 568 OF 2014 IN SUIT NO. 2341 OF 2011 Mr.Rajendra Singh Sethi .. Applicant In the matter between :

Kushboo Tampal .. Plaintiff Vs.

Bombay Paxwell Pvt. Ltd. & Ors.

.. Defendants WITH NOTICE OF MOTION NO. 2812 OF 2011 IN SUIT NO. 2341 OF 2011 Kushboo Tampal .. Plaintiff Vs.

Bombay Paxwell Pvt. Ltd. & Ors.

.. Defendants Mr.Omprakash Pandey i/b Pandey and Co. for plaintiff. Mr.P.K. Dhakephalkar, senior advocate i/b M/s. Harakchand and Co. for applicant.

Mr.Dinsoo Zaiwalla for defendant nos.1 and 2. Mr.Kunal Bhanage for defendant no.3.

Mr.Ashish Kamath a/w. Mr.M.S. Murthy i/b Dehlvi & Co. for defendant nos.4, 5 and 8.

Mr.Shailesh Rajda i/b DSK Associates for defendant nos.6, 7, 9 and 10. CORAM : K.R.SHRIRAM, J.

DATE : 30TH NOVEMBER, 2016 P.C.

Shraddha Talekar PS 1/2

6.chs.568.14.s.2341.2011.doc After the matter was argued for sometime, Shri Dhakephalkar, counsel appearing for the applicant, on instructions from the applicant who is present in Court, seeks leave to withdraw the chamber summons. The chamber summons dismissed as withdrawn.

All the counsels representing the respective defendants state that their clients have incurred costs in filing affidavit in reply, engaging counsels etc. and therefore, the defendants should be awarded substantial costs. I find that the counsels for the defendants are justified in pressing for costs. The applicant to pay a sum of Rs.5000/- to each of the defendants by way of cheque drawn in favour of the Advocate on record. It is seen that Advocates have filed Vakalatnama for more than one party. The amount payable, therefore, will be Rs.5,000/- for each of the defendants (Rs.5000 X number of defendants) to each Advocate on record. Costs to be paid within four weeks.

The notice of motion to be listed on 22nd December 2016. (K.R. SHRIRAM, J.) Shraddha Talekar PS 2/2