Sopariwala Exports And ANR v. Safari Ace Exporters And 3 ORS

904-NMCDL167-16.DOC SHEPHALI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION NOTICE OF MOTION (L) NO. 167 OF 2016 IN COMMERCIAL SUIT NO. 246 OF 2016 Sopariwala Exports & Anr.

...Plaintiffs

Versus

Safari Ace Exporters & 3 Ors.

...Defendants Dr. Birendra Saraf, a/w Mr.

Aditya Thakkar, Mr.

Adheesh Nargolkar, Ms. Smriti Yadav, i/b Khaitan & Co., for the Plaintiffs.

Mr. Alankar Kirpekar, a/w Mr. Pradeep Vade, i/b Pradeep Vade Associates, for Defendant No. 4.

CORAM: G.S. PATEL, J DATED:

8th December 2016 PC:- 1.

Dr. Saraf applies for leave to withdraw the Suit with liberty to file a fresh Suit. Leave granted with liberty as prayed. It is clarified that I have made no observations on merits of the case. 2.

All interim and ad-interim orders stand vacated. 3.

Refund of Court fees, if any, in accordance with the Rules. 8th December 2016

904-NMCDL167-16.DOC 4.

All contentions and rival contentions are kept open, including the present Defendant's contentions as to the maintainability of any subsequent Suit.

(G. S. PATEL, J.) 8th December 2016