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Bombay High CourtS/34/2024disposed off

Alia Rayomand Gajria Panthaky v. Chandrasen Gajria

2024-03-22Hon'Ble Shri Justice Manish Pitale2 pages

902_S34_24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ADMINISTRATIVE SUIT NO.34 OF 2024 Alia Rayomand Gajria Panthaky ...

Plaintiff Vs.

Chandrasen Gajria and others ...

Defendants WITH INTERIM APPLICATION NO.2190 OF 2023 WITH INTERIM APPLICATION (L) NO.7646 OF 2023 IN SUIT NO.34 OF 2024 --- Mr. Ashokvardhan Purohit a/w. Mr. Chandan Yadav for Plaintiff. Mr. Ziyad Madan a/w. Ms. Aishwaryajeeta Tawde i/b. Kanga & Co. for Defendants.

Mr. Ronak A. Desai i/b. Ms. Hemangi N. Modi for Applicants. CORAM : MANISH PITALE, J.

DATE : MARCH 22, 2024 P.C. :

.

The learned counsel for the plaintiff submits that in this administrative suit, the advocates for the plaintiff have changed. The advocates, now representing the plaintiff, find that certain facts need to be brought on record for which the plaint would have to be amended extensively. It is submitted that certain events also need to be brought on record for the comprehensive consideration of the grievances of the plaintiff. It is also submitted that if an attempt is made to amend the plaint, it would require extensive amendments, and that therefore, it would be more appropriate that the plaintiff withdraws the suit with liberty to file a fresh suit for the same cause of action.

2.

The learned counsel for the defendants has left it to this Court to by MINAL SANDIP PARAB Date:

2024.03.26 16:05:31 +0530 MINAL SANDIP PARAB pass an appropriate order.

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902_S34_24.doc 3.

In view of the above, the suit is disposed of as withdrawn with liberty to the plaintiff to file a fresh suit for the same cause of action. 4.

Pending applications, if any, also stand disposed of. 5.

The Court fees shall be refunded as per Rules. (MANISH PITALE, J.) Minal Parab 2/2