Pant Nagar Suyog Co-Operative Housing Society Limited v. Kumar Builders Project Pune Private Limited And ANR.

TAUSEEF LAIQUEE FAROOQUI 23-IA.L.26674.2021.doc TAUSEEF LAIQUEE FAROOQUI Date: 2022.08.24 18:16:54 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT (L) NO.26670 OF 2021 WITH INTERIM APPLICATION (L) NO.26674 OF 2021 IN SUIT (L) NO.26670 OF 2021 Pantnagar Suyog Co-operative Housing Society Ltd.

...Applicant/Plaintiff

Versus

Kumar Builders Project Pune Pvt. Ltd. & Anr. ...Defendants ------- Mr. Yash Momaya a/w Mr. Paras S. Gosar i/by Jayesh R. Vyas for Applicant/Plaintiff.

Mr. Anoop Suvarna, Secretary of the Plaintiff Society. Ms. Pooja Kane a/w Mr. Bharat Jain and Ms. Nidhi Jasani i/by I.C. Legal for Defendant No.2.

-------

CORAM

:

R. I. CHAGLA, J.

DATED :

22nd AUGUST, 2022.

P.C.

1.

The learned counsel for the Applicant/Plaintiff on instructions seeks leave to withdraw the Suit (L) No.26670 of 2021 with liberty to pursue arbitral proceedings.

2.

In view thereof, the Suit (L) No.26670 of 2021 is disposed of as withdrawn.

Tauseef

23-IA.L.26674.2021.doc 3.

After the withdrawal of the Suit, the learned counsel for the Applicant/Plaintiff tenders Affdavit-in-rejoinder dated 21st June 2022, which is to be fled in the Interim Application and copy whereof is served on the Defendants. The Affdavit-in-rejoinder is taken on record for completion of the pleadings. 4.

In view of the disposal of Suit, Interim Application (L) No.26674 of 2021 does not survive. Hence, it is also disposed of. 5.

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 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. (R. I. CHAGLA, J.) Tauseef