Emcipi Electronics Private Limited And ANR v. Enclave Hospitality Private Limited And 2 ORS

902-S-932-16.DOC Ashwini

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO 932 OF 2016 Emcipi Electronics Private Ltd. & Anr.

...Petitioner

Versus

Enclave Hospitality Private Ltd. & Ors.

...Respondents

WITH NOTICE OF MOTION NO 2803 OF 2016 IN SUIT NO 932 OF 2016 Ram Kishan Singh Director of Emcipi Electronics Private Ltd. & Anr.

...Petitioner

Versus

Enclave Hospitality Private Ltd. & Ors.

...Respondents

Mr AM Dar, for the Petitioner.

Mr Pradeep Thorat, for the Respondent Nos 1 to 3. Mr Deepu Jojo, i/b Wadia Ghandy & Co. for the Respondent Nos 4 to 6.

CORAM:

G.S. PATEL, J.

DATED:

4th December 2019 PC:- 4th December 2019

902-S-932-16.DOC 1.

The suit is listed before me as the regular bench is unavailable. The learned advocate for the plaintif states on instructions that the Plaintif does not wish to pursue the suit. 2.

The suit is dismissed as withdrawn. There will be no order as to costs.

3.

All interim and ad-interim orders, if any, will stand vacated. 4.

Refund of the Court fees 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 certifcate 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. 5.

Mr Thorat for defendants Nos. 1, 2 and 3 points out that while the matter was before the commissioner for recording evidence, the plaintif had tendered a signed statement stating clearly that he seeks to withdraw the suit itself. For good order, a copy of the statement is taken on record.

(G. S. PATEL, J) 4th December 2019