Man Tubinox Ltd v. Idbi Bank Ltd And 3 ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL SUIT NO.574 OF 2019 WITH COMMERCIAL NOTICE OF MOTION NO.1198 OF 2019 IN COMMERCIAL SUIT NO.574 OF 2019 Man Tubinox Limited ....Plaintiff Vs.

IDBI Bank Limited and Ors.

....Defendants ---- Mr. Aditya Pimple a/w. Mr. Aakash Joshi i/b. MAG Legal for plaintiff. Ms. Aaushi Shah i/b. India Law LLP for defendant no.1. Ms. Sheetal Chaturvedi i/b. MDP and Partners for defendant no.3. ---- CORAM : K.R.SHRIRAM, J.

DATE : 04.06.2019 P.C.:

This suit was filed because plaintiff was seeking specific performance for non disbursement of loan pursuant to common loan agreement entered into with defendant nos.2 to 4. As the loan was not disbursed, this suit came to be filed. Mr. Pimple states that the security documents are still with defendant no.4. Mr. Pimple states that plaintiff do not wish to pursue this suit any further and seeks leave to withdraw the suit unconditionally. Mr. Pimple, however, and rightly so seeks a direction to defendant no.4 to return all the documents. It is not an unfair request. Suit dismissed as withdrawn. Refund, if any, of court fees in accordance with rules. Notice of motion no.1198 of 2019 also stands disposed. All interim orders also stand vacated. Gauri Gaekwad

2/2 902.COMS-574-2019.doc Defendant no.4 shall, within one week from today, hand over all documents unconditionally to plaintiff. Since defendant no.4 is represented in Court by an Advocate, non availability of this order shall not be an excuse.

(K.R. SHRIRAM, J.) Gauri Gaekwad