Shirish Popatlal Shah And Sushil Popatlal Shah v. Arun Popatlal Shah

nma-1442-17(905)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1442 OF 2017 IN APPEAL NO. 536 OF 2016 Shirish Popatlal Shah & Anr ..Applicants Vs.

Arun Popatlal Shah ..Respondent Mr. Ajay Panicker i/b Ajay Law Associates for the Applicants Mr. Rajiv Narula i/b Jhangir Narula and Associates for the Respondent CORAM :R. M. SAVANT, & SARANG V KOTWAL, JJ DATE : 16th NOVEMBER, 2017 P.C.

The Learned Counsel appearing for the Applicants Mr. Panicker in view of the objection raised on behalf of the Respondent No.1 as regards the maintainability of the Notice of Motion in this Court, seeks withdrawal of the above Notice of Motion to file an application in the Suit in question being Suit No.901 of 2012 for the relief sought in the above Notice of Motion. The Notice of Motion is accordingly allowed to be withdrawn and dismissed as such.

Needless to state that if any application is filed, the same would be considered on its own merits and in accordance with law. All contentions on merits are kept open for being urged before the concerned Court.

[SARANG V KOTWAL, J] [R.M.SAVANT, J] mmj