Order 1

Order Details: Other
Pdf Text: 41
04/05/2024
SUM
355/18 @ SJ
298/18
Exh-2
CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Adv. Shabbir Jariwala i/b Thakore Jariwala for defendant is
present.
Keep back.
Later on at 1.19 pm
The plaintiff and his advocate are absent.
Adv. Shabbir Jariwala i/b Thakore Jariwala for defendant is
present and filed an application for withdrawal of amount. Taken
on record. It is marked as Exh-2 .
Order below Exh-1
The plaintiff and his advocate are absent. Advocate for
defendant is present and submitted that he may be allowed
to withdraw an amount of Rs. 3,89,000/- deposited by the
defendant as per order dated 26.08.2015 passed by Hon'ble
High Court in Company Petition No.155/2014 read along
with order dated 12.07.2016 passed in Appeal No.547/2015.
The matter is pending for filing original documents on record
by plaintiff and hearing on Summons for judgment No.
298/18. The plaintiff has taken out this Summons for
judgment on 19.09.2018 and it is pending for hearing since
then. The plaintiff was given last chance to file the original
documents and argue on the summons for judgment. Today
also the plaintiff and counsel are absent when called
repeatedly. The plaintiff has not taken any positive steps. The
matter is very old. Therefore, no purpose will served by
keeping the matter pending. Hence, I proceed to pass
following order:-
Order
1. Summary Suit No.355/2018 is hereby dismissed in
default.
2. Pending summons for judgment No.298/2018 is
disposed of.
3.
The defendant is entitled to withdraw an amount, if
any, deposited by the defendant, as per order dated
26.08.2015 passed by Hon'ble High Court in Company
Petition No.155/2014 read along with order dated
12.07.2016 passed in Appeal No.547/2015, as per
conditions imposed by the Hon'ble High Court, if any,
after appeal period is over.
Judge
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