Nesco Ltd. v. Indo American Industries And 5 ORS.

2.S.2194.10.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 2194 OF 2010 M/s. Nesco Limited ...

Plaintiff

Versus

M/s. Indo-American Industries & Ors.

...

Defendants Ms. Aiman Warsi i/b M/s. Shah & Furia Associates for the Plaintiff. CORAM : R.I. CHAGLA, J.

DATED : 13th AUGUST, 2019.

P.C. :

The learned Counsel for the Plaintiff seeks permission to withdraw the Suit on account of the Suit having been settled. She states that the Plaintiff is not pressing on royalty. She refers to order dated 16.01.2017 where this Court had recorded that appropriate royalty is best assessed while dealing with the issue of mesne profits at final disposal of Suit. Since she has not pressing for royalty, she prays for Suit to be allowed to be withdrawn.

Considering that the matter is settled, permission is granted to the Plaintiff to withdraw the Suit. The Plaintiff shall be entitled to refund Waghmare 1/2

2.S.2194.10.doc of Court fees, if any, in accordance with the Rules. The date of this order shall be the date for application for refund of Court fees. Suit is accordingly disposed of as withdrawn. In view of the Suit having been disposed of as withdrawn, the Notice of Motion No.511 of 2016 does not survive, hence disposed of. (R.I. CHAGLA, J.) Waghmare 2/2