Beacon Trusteeship Limited v. Aaditri Estate Developers Private Limited

906.COMS.98.2023II.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL SUIT NO. 98 OF 2023 WITH INTERIM APPLICATION (LODGING) NO. 39865 OF 2022 WITH INTERIM APPLICATION (LODGING) NO. 19437 OF 2023 IN COMMERCIAL SUIT NO. 98 OF 2023 (This order is corrected as per speaking to the minutes of the order dated 11th August, 2023) Beacon Trusteeship Limited ...Applicant/Plaintiff

Versus

Aaditri Estate Developers Pvt. Ltd. & Ors.

...Defendants ***  Mr. Abhineet Sharma & Ms. Riya Gokalgandhi i/by RHP Partners, for Applicant/Plaintiff.

 Mr. Tahir Prande i/by Juris Consillis, for Defendant Nos. 1 to 3.  Ms. Falguni Thakkar i/by DSK Legal, for Defendant Nos. 4 to 10. MAMTA AMAR KALE by MAMTA AMAR KALE Date: 2023.08.11 18:12:39 +0530 *** CORAM : MANISH PITALE, J.

DATE : 02nd AUGUST, 2023.

P. C. :

INTERIM APPLICATION NO. 19437 OF 2023 1.

By this application, the Applicants/Plaintiffs seek to delete the name of Respondent No. 7 - Vijay Vitthal Panchal from the array of parties and to substitute the name of Ankur Gangar as Defendant No. 7. It is pointed out that Vijay Vitthal Panchal retired from the Defendant No. 4 - Partnership Firm and the said Ankur Gangar was inducted as partner.

2.

The learned Counsel appearing for the Defendant No. 4 - Partnership Firm, on instructions, states that there is no objection in Shrikant

906.COMS.98.2023II.doc allowing the present application. Accordingly, the application is allowed.

3.

Consequentially, the amendment be carried out within one week from today. Re-verification is dispensed with. 4.

The learned Counsel for Defendant No. 4 and the erstwhile Defendant No. 7 undertakes to file Vakalatnama on behalf of the newly added Ankur Gangar i.e. Defendant No. 7. It is further submitted that, the learned Counsel now appearing for Defendant Nos. 4 to 10 has taken no objection from the earlier advocate and that Vakalatnama on behalf of the said Defendants would be filed within a period of one week from today.

COMMERCIAL SUIT NO. 98 OF 2023 1.

The learned Counsel appearing for the Plaintiff informs this Court that parties have now settled their inter-se dispute out of Court and that therefore, he has instructions to withdraw the present suit. Accordingly, the suit is disposed of as withdrawn. 2.

Pending interim applications, if any, also stand disposed of.

3.

The Court Fees shall be refunded as per rules. (MANISH PITALE, J.) Shrikant