Date: 14-06-2019
Business: Adv. Mr. Nikhilesh Mishra for the Plaintiff present.
None present for Defendant nos. 1 and 2.
Matter is adjd. to 29.08.2019 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-08-2019
Date: 29-08-2019
Business: None present for the Plaintiff.
Adv. for Defendant present.
Draft issues not tendered
Matter is adjd. to 3.12.2019 for draft issues/ issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-12-2019
Date: 03-12-2019
Business: Adv. Indira Jalgaonkar for plaintiff is present.
Adv.Trivedi for defendant no 1 and 2 is present.
He file say on application of Exh. 3.
Heard adv. of defendant no. 1 and 2.
Matter adj for argument of advocate of plaintiff on Exh.3 on 20/12/2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-12-2019
Date: 20-12-2019
Business: Adv. Giriraj for Plaintiff is present.
Adv. Ashok Mhatre h/f Adv. Trivedi for defendant is present.
Heard argument of adv. of plaintiff and defendant .
Matter is adjd. for order on Exh.3 to 06/01/2020.
Next Purpose: ORDER
Next Hearing Date: 06-01-2020
Date: 06-01-2020
Business: Adv. Gitanjali Sharma for Plaintiff is present.
Adv. Trivedi for SRA/Defendant present.
KB
LO at 01.05 PM
Order below Exh. 3.
This is an application for withdrawal of suit with liberty to file fresh suit in case plaintiffs application for regularization dated 25/04/2019 is rejected. To this application, say is filed by adv.of defendant no. 1 and 2 and it is submitted that if any decision is taken, the remedy by way of appeal is available to the plaintiff. Therefore, it is prayed that no liberty to file the fresh suit is required as it will be a fresh cause of action.
Heard both the Ld. Advocates. Perused the record. The application dated 25/04/2019 for regularization of the notice premises is pending before defendant no. 2. The letter dated 10/10/2019 issued by defendant no. 2 to plaintiff reflects that one of the condition for considering the application dated 25/04/2019 is withdrawal of suit No 5183/2019. The record shows that present suit no. is 1144/2019 which was stamp No. 5183/2019. The remedy on the decision of application dated 25/04/2019 is available to the plaintiff if it is rejected. Therefore, at this stage it is not justifiable to grant liberty to plaintiff to file fresh suit. Therefore, permission is granted to withdraw the present suit. Accordingly, the suit is disposed of as withdrawn.
Nature Of Disposal: ORDER
Disposal Date: 06-01-2020