Pembridge Associates Limited v. Md Ashraf Ali Khan

926-NMS-500-2014.DOC SHEPHALI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 500 OF 2014 IN SUIT NO. 305 OF 2014 Pembridge Associates Limited ...Plaintiff

Versus

Md Ashraf Ali Khan ...Defendant Mr Pranav Sampat, with Jaideep Singh Khattar i/b Khaitan and Company for the Plaintiff.

Mr Sushant S Prabhune, for the Defendant.

CORAM: G.S. PATEL, J DATED:

17th January 2017 PC:- 1.

On an application by the learned Advocate for the Plaintiff, the Suit is allowed to be withdrawn with liberty to file a fresh Suit on the same cause of action in a Court of competent jurisdiction. 2.

In the facts and circumstances of the case, the Plaintiff agrees and undertakes not to move for any interim or ad-interim reliefs in such a fresh Suit without at least two weeks' clear notice to the Advocates for the Defendants.

17th January 2017

926-NMS-500-2014.DOC 3.

The Plaintiff further agrees and undertakes that in any such fresh Suit, the claim will not exceed the claim made in this Suit; and, moreover, that any such fresh Suit will be filed and notice thereof shall be given to Mr. Prabhune no later than by 14th February 2017.

4.

It is also clarified that all contentions including as to jurisdiction and limitation are specifically kept open. (G. S. PATEL, J.) 17th January 2017