The Board Of Trustees Of The Port Of Mumbai v. Madhya Pradesh Electricity And ORS

5-coms19-13 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL SUIT NO.19 OF 2013 The Board of Trustees of the Port of Mumbai ...Plaintiff V/s.

Madhya Pradesh Electricity Board & Ors.

...Defendants Mr.U.J. Makhija with Mr.Manoj Thakkar i/b Mulla & Mulla & C. B. & C. for the Plaintiff.

Mr.Netaji Gawade i/b Sanjay Udeshi & Co. for the Defendant Nos.4 and 5.

Ms.Simeen Shaikh with Ms.Suvarna Ambre i/b S.K. Srivastav & Co. for the Defendant Nos.6 and 7.

CORAM : R.D. DHANUKA, J.

DATE : 30TH NOVEMBER, 2017.

P.C. :- 1.

Mr.Makhija, learned counsel appearing for the plaintiff seeks liberty to withdraw the suit on instructions on the ground that the payments agreed to be paid to the plaintiff by the defendant under the consent terms filed in this suit are already received. The statement is accepted.

2.

The suit is dismissed as withdrawn in view of the plaintiff having already received the amount due to the plaintiff under the consent terms.

3.

Refund of court fees, if any, as per rules.

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5-coms19-13 4.

Learned counsel for the plaintiff has handed over the original letter of allotment of bonds to the learned counsel appearing for the defendant nos.4 and 5 and the learned counsel for the defendant nos.4 and 5 has acknowledged the receipt thereof. (R.D. DHANUKA, J.) 2/2