Osaka Synthetics Pvt Ltd. v. Thakkar Realties Pvt. Ltd. And 4 Others

by SWAROOP SHARAD PHADKE Date: 2022.08.29 19:23:21 +0530 SWAROOP SHARAD PHADKE 7 sj 9 of 2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM. SUMMARY SUIT NO.1408 OF 2019 WITH SUMMONS FOR JUDGMENT NO.9 OF 2020 WITH INTERIM APPLICATION NO.1 OF 2019 Osaka Synthetics Pvt. Ltd.

...

Plaintiff

Versus

Thakkar Realties Pvt. Ltd. and Ors.

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Defendants Mr. Vishal Kanade i/by Mr. Mohan B. Jadhav, for Plaintiff. CORAM: N.J.JAMADAR, J.

DATE:

th AUGUST, 2022 P.C.:

1.

Heard the learned Counsel for the Plaintiff.

2.

Mr. Kanade, the learned Counsel for the Plaintiff, on instructions, seeks leave to withdraw the Suit with liberty to file a comprehensive Suit on the same cause of action. The learned Counsel for the Plaintiff submits that, in the intervening period, there have been developments which entitles the Plaintiff to reliefs which traverse beyond the purview of Order XXXVII of the Code of Civil Procedure, 1908. 4.

In view of the aforesaid submission, the Plaintiff is permitted to withdraw the Suit with liberty to file a fresh suit on the same cause and seek all the reliefs as permissible in law.

5.

The Summary Suit is disposed as withdrawn.

SSP 1/2

7 sj 9 of 2020.doc 6.

The Plaintiff is entitled to refund of court fees in accordance with the rules.

7.

Summons for Judgment and the Interim Application also stand disposed. ( N.J.JAMADAR, J. ) SSP 2/2