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Bombay High CourtNMCD/642/2017disposed off

Aslam Merchant v. Jastcons Developers And 14 ORS.

2023-05-02Hon'Ble Shri Justice R. I. Chagla2 pages

14-COMS-726-17.doc Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL SUIT NO. 726 OF 2017 Aslam Merchant ...Plaintiff

Versus

Jastcons Developers & Ors.

...Defendants WITH NOTICE OF MOTION NO. 642 OF 2017 WITH NOTICE OF MOTION NO. 900 OF 2019 IN COMMERCIAL SUIT NO. 726 OF 2017 ---------- Mr. Mangesh K. i/by Zaid S. Ansari & Association for the Plaintiff. A.Z. Mookhtiar i/by F.M. Chawara for the Defendant Nos. 6 and 7. Mr. Tatsat Gor a/w Mr. Shyam Singh i/by Kapil Gor for the Defendant Nos. 12 to 15.

Mr. Aslam Merchant Plaintiff present in Court. ---------- CORAM :R.I. CHAGLA J DATE :2 May 2023 ORDER :

1.

The learned Counsel appearing for the Plaintiff on instructions seeks leave to withdraw Commercial Suit No. 726 of 1/2

14-COMS-726-17.doc 2017 unconditionally.

2.

Accordingly, Commercial Suit No. 726 of 2017 is disposed of as withdrawn.

3.

Pending Notices of Motion/Interim Applications do not survive and accordingly, disposed of.

4.

Court fees are to be refunded in accordance with the Rules. For the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso to that Section, today's date is the date of making a claim for repayment. The Prothonotary & Senior Master will issue a certificate for a refund of Court Fees computed according to the Rules. He will act on production of an authenticated copy of this order without requiring a separate application. [R.I. CHAGLA J.] 2/2