Final Order 1

Order Details: Notice of Motion
Pdf Text: IN THE COURT OF :COURT 04 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100324/2020
Dilshad Limji Pandey Vs Sharad Patel of Bombay and Ors.
Date : 24-09-2021
Business : Exh-85 Advocate Shanay Shah along with Adv. Yazad
Udwadia instructed by Mehta Girdharlal filed vakalatnama
For plaintiff. t.o.r. Adv. Deeshank Doshi For defendant No.
5 present. Application filed by plaintiff to withdraw Notice
of motion NO. 324/20 with liberty to file fresh suit. t.o.r.
Say filed by adv. For defendant No 5 on application itself.
Adv. For defendant objected for withdrawal of notice of
motion on ground that delay is caused on part of plaintiff to
proceed with the Notice of motion. The registered Notice of
motion is not tendered to that adv. For plaintiff stated that
the original notice of motion is misplaced and the same is
stated in the application. On perusal of roznama dt.
02.09.2021 there was affidavit with the plaintiff in support
of notice of motion. Adv. To file the said affidavit on record.
Adv. For plaintiff filed affidavit in support of notice of
motion NO. 324/2020. t.o.r. ORDER below application to
withdraw the NM No. 324/2020. Plaintiff desires to
withdraw the notice of motion. The defendant No. 5 has
objection for its withdrawal. The withdrawal is sought with
liberty to file fresh notice of Motion. O- Allowed to
withdraw Notice of motion considering the above facts on
record. The plaintiff is at liberty to file notice of motion
with direction to file the same if any on next date failing
which the said right of plaintiff to file the fresh notice of
motion will not be considered. Adv. For plaintiff filed xerox
copy of notice of motion. t.o.r. ORDER below Notice of
Motion No. 324 of 2020 The application of the plaintiff to
withdraw the notice of motion is allowed. Hence notice of
motion is disposed of as withdrawn with liberty to file a
fresh notice of motion provided the same is filed on next
date failing which the plaintiff will loose his right to file the
same notice of motion thereafter as the suit is pending since
1987 and the parties should proceed with suit diligently and
expeditiously.
Nature of Disposal : WITHDRAWL
Disposal Date : 24-09-2021
COURT 04 ADDL SESSIONS JUDGE
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