Subodh P. Shah v. Kamla Shanti Landmarc Property Pvt Ltd And 6 ORS

by JITENDRA SHANKAR NIJASURE Date:

2022.04.05 12:08:36 +0530 JITENDRA SHANKAR NIJASURE p-1-coms-389-2019.doc jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMS SUIT NO.389 OF 2019 WITH NOTICE OF MOTION NO.732 OF 2019 WITH NOTICE OF MOTION (L) NO.1722 OF 2019 Subodh P. Shah ...Plaintiff

Versus

Kamla Shanti Landmarc Property Pvt. Ltd & Ors.

...Defendants ---------- Ms. Nupur Desai i/b. M/s. Markand Gandhi & Co. for the Plaintiff.

Mr. Bipin Joshi, for Defendant Nos.1 to 4.

Ms. Sneha Prabhu with Kinnari Mehta i/b. SSP Legal & Co. for the Defendant No.6.

---------- CORAM :

R.I. CHAGLA J DATE :

1ST APRIL, 2022 ORDER :

1.

Mentioned. Not on board. Taken on board.

2.

As per Clause 38(B) of the Consent Terms, the parties have agreed that Defendant No.2 shall withdraw the Commercial Suit 1/2

p-1-coms-389-2019.doc No.389 of 2019 filed in this Court. Accordingly, the learned Advocate for Defendant No.2 has sought leave to withdraw the Suit No.389 of 2019 in accordance with Consent Terms.

3.

The Suit No.389 of 2019 is disposed of as withdrawn. In view of disposal of Suit, Interim Applications, if any, have become infructuous.

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