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Order 1

CNR MHCC01004807201828 Sept 2022
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Order 1 · 28 Sept 2022 · CNR MHCC010048072018

Order Details: Notice of Motion
Pdf Text: Daily Status
IN THE COURT OF :Court 59 ASST SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101543/2018
Sharekhan Ltd Vs Jatin Navnit Merchant
Date : 28-09-2022
Business : Matter called out at 11.17 am Adv for plff present Adv for
defendant present K.B. L.O. at 3.02 pm Adv Chaitanya
Purankar for plff present Adv Aamir Aftari for defendant
present Report received from the office t.o.r marked as Exh
20 Heard both sides on Exh 18. Perused report at Exh 20.
The defendant has deposited an amount of Rs. 15,85,197/-
in the court pursuant to order dated 06.05.2017 in NM
906/2017. By filing application Exh 18 defendant is seeking
refund of said amount a/w interest. Adv for plaintiff has
given no objection to the prayer made in the application. On
17.09.2022, on application Exh 19 filed by the plaintiff,
plaintiff is permitted to withdraw the suit as matter is settled
with the defendant. Accordingly, the defendant is entitled
for refund of the amount a/w interest. Therefore, application
Exh 18 is allowed. The amount of Rs. 15,85,197/- deposited
in the court vide ledger NO. J-3/15 be refunded to the
defendant a/w accumulated interest thereon. Pursuant to the
order passed below application Exh 19, following order is
passed below Exh 1 Order 1. Suit No. 3635 of 2010 is
disposed off as withdrawn unconditionally 2. Issue court fee
refund certificate as per the Rules 3. No order as to costs. 4.
Pending Notice of Motion Nos. 3656/2018, 1543/2018 and
3736/18 also stand disposed off. R and P be sent to Record
Department
Nature of Disposal : WITHDRAWL
Disposal Date : 28-09-2022
Court 59 ASST SESSIONS JUDGE
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