Parvathy Harikrishnan And ORS.. v. M/S. Devnar Construction Company And 6 ORS.

4-COMS476-2017+.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL SUIT NO. 476 OF 2017 Parvathy Harikrishnan & Ors ...Plaintiffs

Versus

Devnar Construction Company & Ors ...Defendants WITH COMM DIVISION NOTICE OF MOTION NO. 416 OF 2017 IN COMMERCIAL SUIT NO. 476 OF 2017 WITH COMM DIVISION NOTICE OF MOTION NO. 254 OF 2019 IN COMMERCIAL SUIT NO. 476 OF 2017 Mr Mahesh Menon, i/b Mahesh Menon & Co, for the Plaintiff. Mr Atharva Sawant, i/b M/s Solomon & Co, for Defendants Nos. 1 to 4.

Ms Gauri Joshi, i/b Ganesh & Co, for Defendants Nos. 5 to 7. CORAM:G.S. PATEL, J DATED: 25th October 2021 PC:- ARUN RAMCHNDRA SANKPAL ARUN RAMCHNDRA SANKPAL Date: 2021.10.26 10:46:48 +0530 25th October 2021

4-COMS476-2017+.DOC 1.

On instructions, Mr Menon for the Plaintiff seeks leave to withdraw the Commercial Suit. Leave granted.

2.

The Commercial Suit is dismissed as unconditionally withdrawn.

3.

All Commercial Division Notices of Motion are infructuous and disposed of accordingly.

4.

Court fees are to be refunded in accordance with the Rules. For the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso to that Section, today's date is the date of making a claim for repayment. The Prothonotary & Senior Master will issue a certificate for a refund of Court Fees computed according to the Rules. He will act on production of an authenticated copy of this order without requiring a separate application. 5.

of this order.

(G. S. PATEL, J) 25th October 2021