Final Order 1

Order Details: Order below exhibit
Pdf Text: MHCC010007002020
CNR NO. MHCC010007002020
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
ORDER BELOW EXH.01
IN
SUIT NO.305 OF 2020
ALONG WITH
NOTICE OF MOTION NO.518 OF 2020
1. Mr. Mohammad M. Iqbal Khan & Anr. ]...Plaintiffs.
V/s.
Union Bank of India ]...Defendant.
Appearances:
Ld. Adv. Ms. Priyanka Dubey for plaintiffs.
Ld. Adv. Ms. Pluck B. for defendant.
CORAM : HIS HONOUR JUDGE
SHRI SHANKAR G.
BORLEPWAR
(C.R.No.20)
DATED : 17th December, 2020
ORAL ORDER
1. Perused application Exh.7 and order passed on it today.
Plaintiffs filed application Exh.7 to allow them to withdraw the suit and
Notice of Motion No.518 of 2020 under Order 23 Rule 1 of the Code of
Civil Procedure unconditionally.
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2. Today both the plaintiffs are present before the Court.
Plaintiffs are identified by Advocate Priyanka Dubey but she is not
present before the Court. Advocate Aamrin Malik is present. She has
identified both the plaintiffs. This application bears signatures of both
plaintiffs and Advocate Aamrin Malik and Advocate Priyanka Dubey.
3. Perused Order 23 Rule 1 of the Code of Civil Procedure. As
per the said provision plaintiffs can withdraw the suit unconditionally
after institution of the same.
4. Perused record. The suit is lodged on 16.01.2020. Matter
was taken before the Court on 31.02.2020 by precipee. On that day
defendant appeared through Advocate. On the same day draft Notice of
Motion was also filed. Thereafter, matter adjourned for tendering
registered Notice of Motion alongwith affidavit of reply to the Notice of
Motion. Defendants filed reply to the Notice of motion on 20.02.2020.
Advocate Karan Bhosale alongwith Advocate Priyanka Dubey argued the
Notice of Motion on 27.02.2020. The matter adjourned for arguments
of defendant on the request of defendants Advocate on 27.02.2020 and
adjourned to 02.03.2020. On 02.03.2020 Court has heard both the
advocates in Notice of Motion No.518 of 2020. On 02.03.2020 the
Learned Advocate Prakash Shinde alongwith Ms. Pluck B were present
before the Court. They submitted before the Court that defendant has
already taken action against the plaintiff by filing the plaint to CBI on
04.06.2018. Therefore, matter adjourned for Notice of Motion Order
on 30.03.2020. Thereafter, due to Corona virus Covid-2019 Pandemic
from the month of March, 2020 matter time to time adjourned for
Notice of Motion order till 14.10.2020. On 14.10.2020 the Learned
Advocate for plaintiff filed compilation of Judgments in support of
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Notice of Motion. Therefore, matter adjourned for submission of
defendant advocate on law point, in view of filing of citations to
27.11.2020. On 27.11.2020 Presiding Officer was on leave. Therefore,
the matter adjourned on today i.e. on 18.12.2020.
5. I have heard the Learned Advocate Aamrin Malik for
plaintiffs. Both the plaintiffs submitted that the suit as well as the
Notice of Motion become infructuous. They also submitted that they
want to withdraw the suit and Notice of Motion. Hence, in view of
Order 23 Rule 1 of the Code of Civil Procedure plaintiffs can be
withdraw the suit and Notice of Motion unconditionally. As per Order
passed below Exh.7 both plaintiffs are allowed to withdraw the suit as
well as Notice of Motion. Hence, no purpose will be served by keeping
the matter pending. Therefore following order:
ORDER
Order below Ex.01 in Suit No. 305 of 2020-
1. The Suit No. 305 of 2020 is hereby disposed of as withdrawn
unconditionally under Order 23 Rule 1 of CPC.
2. Notice of Motion No. 518 of 2020 is disposed of as withdrawn in
view of order passed below application Ex.07 today.
3. Court fee be refunded to the Plaintiffs as per rule.
R and P be sent to Record Department.
( SHANKAR G. BORLEPWAR )
Judge, (C.R.No.20)
Dt.: 17/12/2020 City Civil Court, Gr. MUMBAI
Dictated on : 17/12/2020
Transcribed on : 18/12/2020
Checked on : 18/12/2020
Signed on : 18/12/2020
( SHANKAR G. BORLEPWAR )
Judge, (C.R.No.20)
City Civil Court, Gr. MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
18.12.2020 at 05.15 p.m.
UPLOAD DATE AND TIME
(VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S. G.
BORLEPWAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 17.12.2020
Judgment/order signed by P.O. on 18.12.2020
Judgment/order uploaded on 18.12.2020
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