Arahant Co-Operative Housing Society Ltd. And 26 ORS v. Rai Kumar Sadh And 2 ORS

18-CCL84-18.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COUNTER CLAIM (L) NO. 84 OF 2018 IN SUIT NO. 3175 OF 2008 Arahant Cooperative Housing Society Ltd & Ors ...Plaintiffs

Versus

Rai Kumar Sadh & Ors ...Defendants Mr GN Salunkhe, for the Plaintiffs.

Ms Sneha Phene, with Mr JP Kapadia, with Mr O Mohandas, i/b Little & Company, for the Defendants.

CORAM: G.S. PATEL, J DATED:

11th February 2019 PC:- 1.

After my order of 14th January 2019, the Counter Claim was placed before the Prothonotary and Senior Master on 30th January 2019. At that time Mr Salunkhe on behalf of the Counter Claimant made a submission that his clients would seek leave to withdraw the Counter Claim but sought liberty to file a separate suit. The Prothonotary and Senior Master granted liberty to move the Court. 2.

Mr Salunkhe reiterates the request today.

11th February 2019

18-CCL84-18.DOC 3.

The Counter Claim is dismissed as withdrawn with liberty to the Counter Claimants to institute such proceedings as they are advised in accordance with law. All contentions are left open, including as to limitation.

4.

Refund of Court fees, if any, in accordance with the Rules. (G. S. PATEL, J.) 11th February 2019