Dakshesh Manharlal Shah And ANR. v. Paradise Associates And 3 ORS.

2-COMS-760-18.doc Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL SUIT NO. 760 OF 2018 Mr. Dakshesh Manharlal Shah & Anr.

...Plaintiffs

Versus

Paradise Associates & Ors.

...Defendants WITH NOTICE OF MOTION NO. 1320 OF 2018 IN COMMERCIAL SUIT NO. 760 OF 2018 ---------- Mr. V.P. Shastri for the Plaintiffs.

Ms. Yasmin E. Tavaria a/w Mr. Abhishek Yadav iby Ashwin Ankhad & Associates for the Defendant No. 1.

Ms. Sayli Apte iby P.G. Lad for the Defendant No. 2-MHADA. Mr. Sagar Patil for the Defendant No. 3-MCGM. ---------- CORAM : R.I. CHAGLA J DATE :

21 December 2021 ORDER :

SHARAYU PANDURANG KHOT Digitally signed by SHARAYU PANDURANG KHOT Date:

2021.12.21 17:54:52 +0530 1.

Learned Counsel appearing for the Plaintiffs seeks leave to withdraw the above Suit unconditionally. 2.

The Suit is disposed of as withdrawn.

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2-COMS-760-18.doc 3.

In view of the disposal of the Suit, the Notice of Motion does not survive and is accordingly disposed of. 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 certifcate 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.

[R.I. CHAGLA J.] 2/2