Denzil Dsouza v. Icon Deveopers Ritwal

by HEMANT CHANDERSEN SHIV Date:

2023.09.26 11:01:33 +0530 HEMANT CHANDERSEN SHIV 1/2 904.s20.23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.20 OF 2023 WITH INTERIM APPLICATION (L) NO.1382 OF 2023 IN SUIT NO.20 OF 2023 Denzil D'Souza ...Plaintiffs/Applicants vs.

Icon Developers Ritwal ...Defendants/Respondents Mr. Dushyant Purekar for Plaintiff Nos.1 to 5 and 9 to 11. Ms. Riddhi Shah for Defendant No.4.

Ms. Rajlaxmi Punjabi i/b Ms. P. M. Bhansali for Defendant No.7.

Plaintiff Nos.1 to 5, 9 to 11 are present in the Court. CORAM : S. M. MODAK, J.

DATED : 21ST SEPTEMBER 2023 P. C. :

1.

Learned Advocate for the Plaintiffs submitted that the Plaintiffs want to withdraw the suit unconditionally. Following facts are stated :-- (a) Out of 11 Plaintiffs, Plaintiff Nos.1 to 5 and 9 to 11 are present.

(b) Plaintiff No.6 is the wife of Plaintiff No.5. Plaintiff No.6 is unable to remain present, however, her husbandPlaintiff No.5 is present. Shiv

2/2 904.s20.23.doc (c) Plaintiff Nos.7 and 8 are residing outside India. But they have given Power of Attorney to one Mrs. Rani Khan. She is unable to remain present and she has given a letter which is annexed to copy of the Power of Attorney.

(d) All the Plaintiffs who are present reiterate for withdrawal of the suit unconditionally.

(e) Learned Advocate for the Plaintiffs is having written instructions from all the plaintiffs to withdraw the suit.

2.

Hence, the suit is disposed of as withdrawn. Interim Application is also disposed of.

3.

Refund of Court fees as per Rules.

[S. M. MODAK, J.] Shiv