Kalpataru Limited v. The Charity Commissioner Gr. Mumbai And 2 ORS

503 wp 1399-09.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1399 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Vishesh Kalra with Kankarand Savant i/b Vidhi Partners for the Petitioner.

Mr. Anshul Rathi a/w Sushant Arort i/b Vigil Juris for the Respondent.

Mr. S.B. Gore, AGP for the State.

CORAM: K.K.TATED, & SARANG V. KOTWAL,J.J.

DATED : 07/11/2019 P.C.

Today the matter is shown on production board pursuant to the praecipe dated 05.11.2019 filed by the learned Counsel for the Petitioner.

Heard learned Counsel for the parties.

The learned Counsel for the Petitioner submits that he received instructions from his client to withdraw the present Writ Petition unconditionally in view of subsequent Sneha Chavan 1/2

503 wp 1399-09.odt development that they have to received Rs.1,50,00,000/- from Respondent. To that effect, he has filed affidavit dated 05.11.2019 duly affirmed by Imitiaz I. Kanga, Director of the Petitioner Company. Same is taken on record and marked "X" for identification. Paragraph 5 of the affidavit reads thus:

" In the light of whatever stated hereinabove, the petition may be disposed of as unconditionally withdrawn by the Petitioner."

In view of statement made by the learned Counsel for the Petitioner and affidavit dated 05.11.2019, the following order is passed:

a) Writ Petition stands disposed of as withdrawn unconditionally.

b) No order as to costs.

(K.K.TATED,J.) (SARANG V. KOTWAL,J.) Sneha Chavan 2/2