Final Order 1

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IN THE COURT OF :COURT 31 ADDL SESSIONS JUDGE
Case No. :SUIT 1661/2021
Date : 11-02-2021
Business : Adv. Mr. Mayang Tripathi for plaintiff.
Adv. Mrs. Sheetal Jadhav a/w Adv. Mr. K.K. Jadhav for deft no.2 present.
Exh.5- Application for withdrawal of the suit submitted by plff. Perused
reply endorsed on application on behalf of deft no.2 (Bank).
Ld. adv. Ms. Megha Gupta for plff submits that there is fresh cause of
action occurred to plff. In respect of continuation of facts narrated in
plaint. Therefore, plff may file fresh suit.
Ld. adv. Mr. K.K. Jadhav for deft no.2 raised strong objection and submits
that permission for fresh suit can not be granted on facts narrated in
plaint. It is prayed for heavy cost.
None present for deft nos. 1 and 3.
According to plff it was short cause suit filed by plff. It was necessary to
file commercial suit. If there is fresh cause of action, it is upto the plff. to
avail the said for fresh suit. However, permission to unconditional
withdrawal can not be granted by this court.
As per objection raised by adv. Mr. Jadhav for deft no.2, it is allowed to
withdraw the suit subject to cost of Rs. 5,000/- (Rupees Five Thousand
only) be deposit directly to the account of deft no.2 (Bank) within a week.
Simple withdrawal of suit is granted as per Exh.5.
Suit be register for statistical purpose.
Authenticated copy given to both parties.
Nature of Disposal : OTHER
Disposal Date : 11-02-2021
COURT 31 ADDL SESSIONS JUDGE
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