Auro Gold Jewellery Pvt. Ltd. And 2 ORS v. Kiran Jain And 5 ORS

1 73-S 121-13@ors psv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.121 OF 2013 Auro Gold Jewellery Pvt. Ltd. & Ors.

..Plaintiffs Vs.

Kiran Jain & Ors.

..Defendants AND NOTICE OF MOTION NO.384 OF 2013 AND CHAMBER SUMMONS NO.215 OF 2019 AND NOTICE OF MOTION NO.863 OF 2013 AND NOTICE OF MOTION NO.1518 OF 2014 ----- Mr.Subhash Jha with Ms.Sanjana Pardeshi i/b. Law Global for Plaintiffs. Mr.K. Munshi i/b. A.R. Bamne & Co. for Defendant Nos.1 and 2. Mr.A. Dubey for Defendant Nos.3 to 6.

---- CORAM : G.S. KULKARNI, J.

DATE : 5th FEBRUARY, 2020 P.C.:

It is informed that plaintiff No.2 has expired. On written instructions from plaintiff No.3, Mr.Jha, learned Counsel for the plaintiffs seeks leave to withdraw the suit.

2.

Allowed to be withdrawn. Disposed of. No costs. 3.

Refund of Court Fees as per rules.

4.

All interim orders would stand vacated in view of withdrawal of the suit.

5.

At this stage, Mr.Munshi, learned Counsel for defendant Nos.1 and 2 states that the plaintiffs should be saddled with costs. As the suit is

2 73-S 121-13@ors now withdrawn, the matters are not being further precipitated thus in my opinion, the request ought not to be granted. 6.

In view of disposal of the suit, notice of motion No.384 of 2013, chamber summons No.215 of 2019, notice of Motion No.863 of 2013 and notice of motion No.1518 of 2014 would not survive. They are accordingly disposed of.

Digitally signed by Prajakta S.

Vartak Date:

2020.02.07 21:57:17 +0530 Prajakta S.

Vartak [G.S. KULKARNI, J.]