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Bombay High CourtIA/1639/2019disposed off

Ritesh M. Makharia And 2 ORS. v. Siv Reality Pvt.Ltd And 3 ORS.

2021-12-17Hon'Ble Shri Justice R. I. Chagla2 pages

4.COMSL.1302.19 wt.IA.1639.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL SUIT (L) NO. 1302 OF 2019 WITH INTERIM APPLICATION NO. 1639 OF 2019 IN COMMERCIAL SUIT (L) NO. 1302 OF 2019 Ritesh M. Makharia & Ors.

...

Plaintiffs

Versus

Siv Reality Pvt. Ltd. & Ors.

...

Defendants Ms. Swati Sawant i/b S.K. Legal Associates LLP for the Plaintiffs. Mr. T.R. Yadav i/b Sandip Mahadik for Defendants Nos.1 to 4. CORAM : R.I. CHAGLA, J.

DATED : 17th DECEMBER, 2021.

ORDER :

The learned Counsel appearing for the Plaintiff seeks leave to withdraw the Commercial Suit unconditionally. The Commercial Suit is disposed of as withdrawn. 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 Waghmare 1/2

4.COMSL.1302.19 wt.IA.1639.19.doc 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.

The Interim Application does not survive in view of the disposal of the Suit.

Digitally signed by WAISHALI SUSHIL WAGHMARE Date:

2021.12.17 05:19:36 +0530 WAISHALI SUSHIL WAGHMARE (R.I. CHAGLA, J.) Waghmare 2/2