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Bombay High CourtNMS/1233/2018disposed off

Surendra Ratanchand Jhaveri And 5 ORS. v. Shri. Prakash Pravinchandra Jhaveri And 8 ORS.

2018-08-01Hon'Ble Shri Justice S.J. Kathawalla1 pages

nmsl 1233 of 2018 (958).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1233 OF 2018 IN SUIT NO.930 OF 2014 Girish Uttamchand Master and Ors.

...

Applicants and Surendra Ratanchand Jhaveri and Ors. ...

Plaintiffs versus Prakash Pravinchandra Jhaveri and Ors. ...

Defendants Mrs. Kanchan S. Chandak, for Applicants/Plaintiffs Nos.4 to 6. Mr. Anand A. Pande, for Defendant Nos.1 to 4. Mr. Girish Uttamchand Master, Plaintiff No.4 present. CORAM: S.J. KATHAWALLA, J.

DATE: 1 st AUGUST, 2018 P.C.:

1.

The Notice of Motion is taken out for recall and setting aside of the order dated 25 th June, 2015 and restore the Suit, Notice of Motion and the Leave Petition. Perused the Notice of Motion and the Affidavit in support thereto. For reasons set out in the Affidavit in support of the Notice of Motion and only because Plaintiff No.4 who is present in Court undertakes to pay cost of Rs.50,000/- to the Defendant Nos.1 to 4 in one set on or before 9 th August, 2018, the Notice of Motion is allowed. The Suit, Notice of Motion and the Leave Petition are restored to file. The Notice of Motion is accordingly disposed of.

( S.J.KATHAWALLA, J. ) by Swaroop Sharad Phadke Date:

2018.08.02 12:23:15 +0530 ssp 1/1 Swaroop Sharad Phadke