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Bombay High CourtSA/324/2022dismissed

M/S Dhawan Constructions Thr. Auth. Partner Pankaj R. Dhawan, Nagpur v. Omprakash S/O Uttamchand Gautam

2022-09-28Hon'Ble Shri Justice Avinash G. Gharote2 pages

923sa324.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR SECOND APPEAL NO.324/2022 M/s Dhawan Construction, through its Authorized Partner Pankaj R. Dhawan ...Versus...

Omprakash S/o Uttamsingh Gautam - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri Sunil Manohar, Advocate assisted by Shri Rohan Deo, Advocate for appellant Shri M.M. Sudame, Advocate for respondent CORAM : AVINASH G. GHAROTE, J.

DATE : 28/09/2022 1.

Today the learned counsel for the respective parties have tendered across the bar, a compromise pursis dated 28.9.2022, under the respective signatures of their clients as well as that of the learned counsel, which records the compromise effected between them. The said pursis is taken on record and marked as "X" for the purpose of identification.

2.

In pursuance to the settlement entered into by the parties to the appeal, Mr. Sudame, learned counsel for the respondent has tendered across the bar, a pursis stating that on instructions of his client on account of having entered into

923sa324.22.odt a compromise, the respondent/plaintiff withdraws SCS No. 498/2014. The pursis is taken on record and is marked as "Y" for identification.

3.

In view of the pursis, Mr. Sunil Manohar, learned senior counsel appearing for the appellant has no objection for withdrawal of SCS No. 498/2014, considering which SCS No. 498/14, stands withdrawn on account of the compromise effected between the parties, indicated above. 4.

Second Appeal is accordingly dismissed, as having become infructuous, on account of withdrawal of the suit itself.

(AVINASH G. GHAROTE, J.) Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: