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Bombay High CourtMCA/507/2023withdrawn

Gautam Patel And ANR v. Fernandes Realors Pvt, Ltd Rep. By Managing Director Lume Joao Vncent Fernandes And 3 ORS

2024-01-12Hon'Ble Shri Justice M. S. Sonak2 pages

28-MCA-442-2023.DOC Suchitra

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO.507/2023 IN CIVIL REVISION APPLICATION NO.1934/2022 (F) GAUTAM PATEL AND ANR.

... APPLICANTS

Versus

FERNANDES REALORS PVT. LTD REP. BY MANAGING DIRECTOR LUME JOAO VNCENT FERNANDES AND 3 ORS.

... RESPONDENTS Mr R. G. Ramani, Senior Advocate with Mr P. Kakodkar, Advocate for the Applicants.

CORAM:

M. S. SONAK, J.

DATED:

12th JANUARY 2024 P.C.:

1.

Mr Ramani, learned Senior Advocate for the applicants based upon instructions from the applicants seeks leave to withdraw this Civil Revision Application and the Misc. Civil Application filed therein.

2.

Mr Ramani however points out that the Suit in which the impugned order was made was instituted in 2008. He submits that for no good reason, hardly any progress has been made in the Suit. He submits that the Revision Applicant No.1 is 73 years old 12th JANUARY 2024

28-MCA-442-2023.DOC and has developed certain health complications (a heart condition). Accordingly, he submits that some directions be issued to expedite the disposal of the Special Civil Suit No.44/2008/B which is presently pending in the Court of Civil Judge, Senior Division at Panaji, 'B' Court.

3.

Accordingly, leave is granted and Civil Revision No.1934/2022 (F) and the Misc. Civil Application No.507/2023 are disposed of as withdrawn. Further, the Trial Court has directed to expeditiously dispose of the Special Civil Suit No.44/2008/B. All parties must cooperate with the Trial Court in the expeditious disposal of this Suit and not seek any unnecessary adjournments. Te Trial Court must also not routinely grant any adjournments because this is a Suit of the year 2007 and defendants no.3 and 4 to the Suit are senior citizens and defendant no.3 is suffering from health complications. 4.

All concerned to act on an authenticated copy of this Order.

M. S. SONAK, J.

SUCHITRA NANDAN SINGBAL Date: 2024.01.15 16:01:35 +05'30'

SUCHITRA NANDAN SINGBAL 12th JANUARY 2024