Osaka Synthetics Pvt Ltd v. Thakkar Realties And 4 ORS

15-NMCD-760-19.doc Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL NOTICE OF MOTION NO. 760 OF 2019 IN COMMERCIAL SUMMARY SUIT NO. 1427 OF 2018 WITH COMMERCIAL SUMMARY SUIT NO. 1427 OF 2018 Osaka Synthetics Pvt.Ltd.

...Applicant In the matter between Osaka Synthetics Pvt.Ltd.

...Plaintiff

Versus

Thakkar Realties Pvt.Ltd. & Ors.

...Defendants ---------- Mr. Vishal Kanade, a/w Mr. Mohan B. Jadhav, for the Applicant/Plaintiff.

Mr. Chetan R. Shah, a/w Mr. Jayesh Nishar, i/by J. Nishar & Co., for the Defendants.

---------- CORAM : R.I. CHAGLA J.

DATE : 07 October 2019 ORDER :

1.

The learned Counsel for the Plaintiff seeks permission to withdraw the Commercial Summary Suit with liberty to file a fresh / October 07, 2019

15-NMCD-760-19.doc Suit on the same cause of action.

2.

Permission is granted. The Suit is dismissed as withdrawn with liberty as prayed.

3.

The Plaintiff is entitled to refund of Court fees in accordance with law. Today's date shall be the date of application for refund of Court fees.

4.

Since the Suit has been withdrawn, the Notice of Motion does not survive.

[R.I. CHAGLA J.] / October 07, 2019