Bank Of India v. Sun Earth Ceramics Ltd. And ORS.

mub 14 S 3851.03.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 3851 OF 2003 Bank of India ... Plaintiff Vs.

Sun Earth Ceramics Ltd. & Ors.

... Defendants ....

Ms. Pooja Pramod Batra i/b. Bodhanwala & Co. for the plaintiff. Mr. Nirav Barot i/b. Maneksha & Sethna for the defendants. Mr. Sunny Shah a/w. Ms.Tapasvini Shah i/b. TJS Legal for proposed intervenor.

....

CORAM : S.C. GUPTE, J.

DATE : NOVEMBER 30, 2015.

P.C.:

1.

The learned counsel for the plaintiff submits that the suit is settled between the plaintiff and the defendants and she seeks leave to withdraw the suit. The suit is dismissed as withdrawn. Refund of court fees in accordance with rules as applicable.

2.

The Court receiver appointed in the matter is discharged without passing of accounts but subject to payment of the receiver's charges. The receiver to communicate such charges to the plaintiff within a period of 3 weeks from today. Upon such communication, the plaintiff to pay the charges within a period of three weeks. 3.

The receiver to restore the possession of the equipment to the party from whom it was taken.

(S. C. GUPTE, J.)