Bengal Mills Stores Supply Company (Bombay) v. Oriental Manufacture

902 1 of 2019 vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL SUIT NO.1330 OF 2018 WITH INTERIM APPLICATION NO.1 OF 2019 IN COMMERCIAL SUIT NO.1330 OF 2018 Bengal Mills Stores Supply Co. (Bombay) ...

Applicant.

V/s.

Oriental Manufacture ...

Respondents Mr. N. V. Bhutekar, for the plaintiff.

Mr. Dakshash Vyas i/by Mr. Mohan Rao, for defendant. CORAM : N. J. JAMADAR, J.

DATE : 19th November, 2019.

P.C. :

1] Heard the learned counsel for the parties.

2] The learned counsel for the plaintiff seeks permission to withdraw the suit with liberty to file a fresh suit as there is a formal defect in not seeking leave under clause XII of the Letters Patent. 3] Permission to withdraw the suit with liberty to file a fresh suit is granted. However, all the contentions are kept open. 4] Court fee be refunded as per rules.

1/2

902 1 of 2019 5] In view of withdrawal of suit itself, Interim Application No.1 of 2019 and Summons for Judgment do not survive and the same are disposed off accordingly.

[N. J. JAMADAR, J.] 2/2