Final Order 1

Order Details: Other
Pdf Text: 4 Dt:29.04.2023
SU 7477/03
Exh. 5
CORAM : H.H.J. SHRI. R. B. PARVEKAR( C.R. No. 06 )
Advocate Shreyas Lele a/w Nayan Mahar I/b Khaitan Legal
Associates for plaintiff present and filed registered Notice of
Motion No. 1551/2020 and not pressed the same.
Adv for plaintiff filed application for withdrawal of suit
Marked as Exh. O Other side to say.
Adv. Nitin G. Raut for defendant No. 2 present.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Order below Exh. 5
ORAL ORDER
Today, plaintiff no. 1 Shyam N. Tody (President of plaintiff
no. 3 trust), plaintiff no.2 Nirmal Jhunjhunwala (Secretary
of of plaintiff no. 3 trust) along with counsel, learned
advocate for defendant no.1/BMC and defendant no.2 are
present before the Court. On perusal of certified true copy
of resolution dated 28.04.2023, it appears that plaintiff no.3
trust passed a resolution and authorized plaintiff no. 1 and
2 to execute all necessary documents which result in
withdrawal of present suit. Plaintiff no. 1 and 2 filed
photocopy of Aadhar card in respect of their identity.
Defendant nos. 1 and 2 have no objection for withdrawal of
present suit. Plaintiff no. 1 and 2 and on behalf of plaintiff
no. 3 submitted before Court that matter is amicably settled
out of Court. Therefore, they do not want to proceed further
in present suit. Considering the grounds mentioned in the
application, permission to withdraw present suit under
OrderXXIII Rule 1 of The Code of Civil Procedure is
granted to plaintiff. Necessary order is passed below Exh.1.
Order below Exh. 1
ORAL ORDER
Plaintiff not pressed Notice of Motion no. 1551 of 2020.
Already permission to withdraw suit is granted to plaintiff
vide Exh.5. Hence, Notice of motion 1551 of 2020 does not
survive. In view of order passed below Exh.5, I proceed to
pass following order :
ORDER
1. Suit No. 7477 of 2003 stands withdrawn and disposed
of.
2. Court fees be refunded to plaintiff as per rule.
3. Notice of Motion no. 1551 of 2020 stands disposed of
4. Accordingly, proceeding is closed.
Judge
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