M/S Sunfert International (P)Ltd And ANR v. M/S. Daewoo International India (P) Ltd. And 4 ORS

s 146 of 2015 (907).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.146 OF 2015 WITH NOTICE OF MOTION NO.248 OF 2015 WITH LEAVE PETITION NO.320 OF 2014 M/s. Sunfert International (P) Ltd. and Anr.

...

Plaintiffs versus M/s. Daewoo International India (P) Ltd.

and Ors.

...

Defendants Mr. Amrut Joshi with Mr. Sharad Kapoor, Mr. Rushabh Sheth, Ms. Pooja Batra i/by M/s. Bodhanwalla and Co., for Plaintiffs. Mr. Nikhil Sakhardande with Mr. Ashwin Sood, Mr. Rahul Bothra, i/by M/s. D.H.Law Associates, for Defendants.

CORAM: S.J. KATHAWALLA, J.

DATE: 3rd JULY, 2015 P.C.:

1.

The learned Advocate for the Defendants on instructions, states that the Defendants have not filed an Appeal from the Arbitral Award dated 30-04-2015. In view thereof, the learned Advocate for the Plaintiffs seeks to withdraw the above Suit, Notice of Motion and the Leave Petition, subject to their right to file a Suit for damages against the Defendants being kept open. In view thereof, the above Suit, Notice of Motion and the Leave Petition are disposed of as withdrawn with liberty to the Plaintiffs to file the suit for damages against the Defendants. However, in the event of the such a suit ssp 1/2

s 146 of 2015 (907).sxw being filed by the Plaintiffs against the Defendants, the same shall be decided on its own merits and all contentions of the parties are kept open. Refund of Court Fees, if any, as per rules.

( S.J.KATHAWALLA, J. ) ssp 2/2