Shahi Shipping Limited v. Fairmacs Shipping And Transport Services Pvt. Ltd.

app.625.16.909

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL JURISDICTION APPEAL NO. 625 OF 2016 IN CHAMBER SUMMONS NO. 944 OF 2015 Shahi Shipping Limited (Formerly SKS Logistics Ltd.) ...Appellant

Versus

Fairmacs Shipping & Transport Services Pvt. Ltd.

...Respondent

WITH NOTICE OF MOTION NO. 58 OF 2017 IN APPEAL NO. 625 OF 2016 Shahi Shipping Limited (Formerly SKS Logistics Ltd.) ...Applicant

IN THE MATTER BETWEEN :

Shahi Shipping Limited (Formerly SKS Logistics Ltd.) ...Appellant

Versus

Fairmacs Shipping & Transport Services Pvt. Ltd.

...Respondent

Ms. Priyanka Kothari I/b Ms. Suvarna Joshi for the Appellant Mr. Rahul Narichania, Sr. Advocate a/w Mr. Sunilkumar Neelambaran I/b M/s. Mulla & Mulla & Craigie Blunt & Caroe for the Respondent CORAM : S. C. DHARMADHIKARI & SMT. BHARATI H. DANGRE, JJ.

WEDNESDAY, 13th DECEMBER, 2017 SQ Pathan 1/2

app.625.16.909 P.C. :

1.

After the attention of the learned counsel appearing for the appellant was invited to two Division Bench judgments of this Court; firstly, delivered in the case of Sushila Singhania & Ors. vs. Bharat Hari Singhania & Ors. in Commercial Appeal No. 4 of 2016 together with Commercial Appeal (Lodging) Nos. 5 of 2016 and 6 of 2016, decided on 29th March, 2017, and another in the case of Sigmaq Technologies Pvt. Ltd. & Ors. vs. Manugrah India Ltd. & Ors. in Commercial Appeal No. 40 of 2016 together with Commercial Appeal Nos. 41 of 2016 and 49 of 2016, decided on 14th September, 2017, the learned counsel, on instructions, seeks leave to withdraw this appeal.

2.

The appeal is disposed of as withdrawn.

3.

In view of the withdrawal of the appeal, nothing survives for consideration in the Notice of Motion. The same stands disposed of accordingly.

SMT. BHARATI H. DANGRE, J. S.C. DHARMADHIKARI, J. SQ Pathan 2/2