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Bombay High CourtNMA/969/2018disposed off

Arch Shelters Pvt. Ltd. v. Laxmibaug Co-Operative Housing Society (Proposed) And 9 ORS

2018-10-17Hon'Ble Shri Justice Sarang Vijaykumar Kotwal,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

905-appl-481-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO.481 OF 2016 IN REVIEW PETITION NO.11 OF 2016 IN CHAMBER SUMMONS NO.527 OF 2013 WITH NOTICE OF MOTION (ST.) NO.542 OF 2017 IN SUIT NO.181 OF 2011 Arch Shelters Private Limited ...Appellant vs.

Laxmibaug Co-Operative Housing Society (Proposed) and Others

...Respondents

Mr. Chirag Mody a/w. Mr. Abhay J. I/b. Crawford Bayley & Co. for the Appellant.

Mr. Rajesh Kachare a/w. Mr. Amit Potnis, for Respondent No. 5. Mr. Vaibhav Sugdare a/w. Mr. R.M. Bagkar I/b. Bagkar & Co., for Respondent No. 1.

Mr. Mudit Gupta I/b. Mr. Siddharth Mehta, for Respondent Nos. 2 to 4, 6 and 8.

CORAM : SHANTANU S. KEMKAR & SARANG V. KOTWAL, JJ.

DATE :

OCTOBER 17, 2018 P.C.:

.

Parties through their counsel.

2.

The learned counsel for the Appellant on instruction seeks leave to withdraw the Appeal. The prayer is accepted. The Appeal stands dismissed as withdrawn.

Vishal Parekar 1/2

905-appl-481-2016.doc 3.

However, the Appellant is at liberty to seek extension of time to carry out amendment before the learned single Judge. It is also open for the Respondent No. 1 to make submission that he is not interested to pursue the Chamber Summons. 4.

All contentions of the parties are kept open. 5.

As a result Notice of Motion (St.) No.542 of 2017 filed in this Appeal is disposed of.

(SARANG V. KOTWAL, J.) (SHANTANU S. KEMKAR, J.) Vishal Parekar 2/2