New India Mosaic And Marble Co Pvt Ltd v. Voltas Ltd And 10 Others

9-chs1271-16.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1271 OF 2016 IN SUIT NO.863 OF 2013 New India Mosaic & Marble Co. Pvt. Ltd.

...Applicant

IN THE MATTER BETWEEN :

New India Mosaic & Marble Co. Pvt. Ltd.

...Plaintiff V/s.

Voltas Ltd. & Ors.

...Defendants Mr.Cherag Balsara with Ms.Neha Bhosale, Ms.Disha Parekh and Ms.Aditi Bhargava I/b NDB Law for the Applicant / Original Plaintiff. Ms.Poonam Gupta I/b Ajay Law Associates for the Defendant No.6. Mr.Yuvraj K. Singh I/b M/s.Desai & Diwanji for the Defendant No.9. Mr.Shlok Bolar I/b Wadia Ghandy & Co. for the Defendant No.10. Mr.Arvind D. Aswani I/b Mr.Jagdish G. Aradwad (Reddy) for the Defendant No.11.

CORAM : R.D. DHANUKA, J.

DATE : 24TH NOVEMBER, 2018.

P.C. :- 1.

Mr.Balsara, learned counsel appearing for the applicant (original plaintiff) seeks liberty to withdraw this chamber summons with liberty to file a fresh chamber summons for the same cause of action, for including the subsequent events and to seek additional 1/2

9-chs1271-16.doc prayers. Learned counsel for the defendants, who are present in Court, state that they have no objection if this chamber summons is allowed with liberty to file the fresh chamber summons, however it should be made clear that all the contentions of the defendants are kept open. Statement is accepted.

2.

The chamber summons is dismissed as withdrawn with liberty as prayed. It is made clear that all the contentions of all the defendants raised in this chamber summons and in the fresh chamber summons that would be filed, are kept open. There shall be no order as to costs.

(R.D. DHANUKA, J.) 2/2