Full Order Text
Final Order 1 · 23 Dec 2025 · CNR MHCC010013332019
Order Details: Other Pdf Text: 23.12.2025 CORAM: SHRI A. D. SALUNKHE ADDL. SESSIONS JUDGE C.R.NO.5 SU. 1092/19 Adv. Zubin Dalal a/w Adv. Noel Thomas for Plaintiff present. Adv. Sangita Honmane for defendant/BMC present. In this matter plaintiff filed suit withdrawal application Exh. 12 stating therein that in view of Judgment in PIL No. 91/2023 dated 26.08.2025 passed by Hon’ble High Court, notice issued under MRTP Act 1966 now stands infructuous and therefore plaintiff want to withdraw the suit unconditionally. He has also submitted that, permission already granted by Government of Maharashtra, Telecommunication Department and based on said permission plaintiff do not want to proceed with the suit. The Adv for MCGM raised objection by filing detail say vide Exh. 13 and submitted that Defendant/MCGM has no objection for unconditional withdrawal only. In the circumstances, considering the contents in application Exh. 12 i.e. withdrawal application and submission made by advocate for plaintiff supported by filing additional affidavit of Adarsh Pandey Exh. 15 annexed with ‘permission for lying utility intention form’, it is clear that plaintiff is not interested to proceed with the suit. Therefore, plaintiff is allowed to withdraw the suit. Hence, Suit No. 1092/2019 stands disposed of. Both parties are at liberty to act as per provisions of law. Judge -- 1 of 1 --