M/.S Mandev Tubes Pvt Ltd v. M/S. Hariom Metal And Tubes

904-NMS520-16.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 143 OF 2016 AND NOTICE OF MOTION NO. 520 OF 2016 AND NOTICE OF MOTION NO. 858 OF 2016 IN SUIT NO. 143 OF 2016 M/s. Mandev Tubes Pvt. Ltd.

...Plaintiffs

Versus

M/s. Hariom Metal & Tubes ...Defendants Mr. Rohan Kadam, with Mr. Joseph Varikasery and Rajashri Karande, for the Plaintiffs.

Mrs. Bhagwati Trivedi, i/b M/s. Bhagwati & Co. for the Defendants. CORAM: G.S. PATEL, J DATED:

11th April 2016 PC:- 1.

On instructions, Mr. Kadam for the Plaintiffs seeks leave to withdraw the Suit with liberty to file a fresh Suit on the same cause of action. Leave granted with liberty as prayed.

904-NMS520-16.DOC 2.

In view thereof, the Notice of Motion does not survive and is disposed of accordingly.

3.

Consequently, the Defendant's Notice of Motion No. 858 of 2016 under Order VII Rule 11 is also infructuous and stands disposed of as such.

4.

Refund of Court fees, if any, in accordance with Rules. 5.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.)