Udyam Kunj Co-Operative Housing Society Ltd. v. Vastushilp Developers And 2 ORS

29-S-275-19.doc Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 275 OF 2019 WITH INTERIM APPLICATION NO. 745 OF 2021 WITH INTERIM APPLICATION (L) NO. 2708 OF 2020 WITH NOTICE OF MOTION NO. 593 OF 2019 WITH CHAMBER SUMMONS NO. 1000 OF 2019 IN SUIT NO. 275 OF 2019 Udyam Kunj Co-operative Housing Society Ltd. ...Plaintiff

Versus

Vastushilp Developers & Ors.

...Defendants ---------- Mr. Paresh C. Mankad i/by Pravin D. Kadam for the Plaintiff/Applicant in IA/745/21.

Mr. D. Desai for the Defendant No. 1.

Ms. Pooja Yadav i/by S. Sonawane for the Defendant No. 2-MCGM. Mr. Vishwanath Prabhakar Mehandale, Member, Managing Committee for the Plaintiff.

---------- SHARAYU PANDURANG KHOT CORAM :R.I. CHAGLA J DATE :04 July 2022 ORDER :

by SHARAYU PANDURANG KHOT Date:

2022.07.06 19:18:15 +0530 1.

Learned Counsel appearing for the Plaintiff on 1/2

29-S-275-19.doc instructions of Mr. Vishwanath Prabhakar Mehandale, Member, Managing Committee of the Plaintiff, seeks leave to withdraw the Suit No. 275 of 2019 with liberty to file a fresh Suit. 2.

Accordingly, Suit No. 275 of 2019 is disposed of, as withdrawn with liberty as prayed.

3.

In view of disposal of the Suit, Interim Applications, Notice of Motion and Chamber Summons do not survive and are 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