Final Order 2

Order Details: Order below exhibit
Pdf Text: MHCC010007002020
CNR NO. MHCC010007002020
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
ORDER BELOW EXH.07
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
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.. 2 .. O.B.EXH.7 IN SU 305-2020
ORAL ORDER
1. Plaintiff No.1 and 2 filed this application to allow them to
withdraw the suit alongwith Notice of Motion No.518 of 2020 under
Order 23 Rule 1 of the Code of Civil Procedure unconditionally.
2. In brief, it is contention of the plaintiff that the suit is filed
for permanent injunction, declaration and other reliefs mentioned in the
plaint. They have also filed Notice of Motion for interim relief. Notice
of Motion is posted for Order on 18.12.2018. Defendant lodged
complaint to CBI and CBI registered FIR against the plaintiffs.
Therefore the suit become infructuous. Hence, it is prayed to allow the
plaintiffs to withdraw the Suit No.395 of 2020 and Notice of Motion
No.518 of 2020.
3. 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.
4. 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.
5. 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
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.. 3 .. O.B.EXH.7 IN SU 305-2020
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
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.
6. 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. Hence
following order:
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.. 4 .. O.B.EXH.7 IN SU 305-2020
ORDER
Order below Ex.07 in Suit No. 305 of 2020-
1. Plaintiffs are allowed to withdraw the Suit no. 305 of 2020
unconditionally under Order 23 Rule 1 of CPC.
2. Plaintiffs are allowed to withdraw the Notice of Motion No. 518 of
2020.
( 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 05.14 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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