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Bombay High CourtIA/1713/2023disposed off

Ravi Gerard M G S/O Gopal Rao And 3 ORS. v. Davindar Devraj Ghai And 3 ORS.

2023-08-09Hon'Ble Shri Justice Manish Pitale2 pages

918&11_IA1713_23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.1713 OF 2023 IN NOTICE NO.589 OF 1996 Ravi Gerard M G s/o. Gopal Rao and others ...

Applicants In the matter between:

Devinder Devraj Ghai and another ...

Plaintiffs Vs.

Freni Shapurji Burjorni Balsara and another ...

Defendants AND CHAMBER SUMMONS NO.1484 OF 2018 IN NOTICE NO.589 OF 1996 IN EXECUTION APPLICATION NO.53 OF 1995 IN SUIT NO.1432 OF 1981 ---- Mr. Rohan Cama a/w. Mr. Parimal Shroff, Mr. D. V. Deokar, Mr. Sachin Pandey and Mr. D. Parikh i/b. Parimal Shroff & Co. for Plaintiffs. Ms. Nupur J. Mukherjee i/b. M/s. N. N. Vaishnawa & Co. for Applicants. CORAM : MANISH PITALE, J.

DATE : AUGUST 09, 2023 P.C. :

Ms. Mukherjee, learned counsel appearing for the applicants, on instructions, seeks permission to withdraw the present application with liberty to move appropriate application in pending Chamber Summons No.1484 of 2018.

2.

Mr. Rohan Cama, learned counsel appearing for the original plaintiffs submits that even if such liberty is to be granted, it may be granted without prejudice to the rights and contentions of the parties. MINAL SANDIP PARAB by MINAL SANDIP PARAB Date: 2023.08.10 11:19:43 +0530 1/2

918&11_IA1713_23.doc 3.

In view of the above, Interim Application No.1713 of 2023 is permitted to be withdrawn with liberty to the applicants to move an appropriate application in the pending Chamber Summons bearing No.1484 of 2018. The liberty so granted is without prejudice to the rights and contentions of the rival parties. Such an application be moved in the chamber summons within two weeks from today. If the application is moved within the stipulated period of time, it shall be listed for direction on 04.09.2023.

(MANISH PITALE, J.) Minal Parab 2/2