Final Order 1

Order Details: Other
Pdf Text: 31/03/2022 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62)
28
SU 1422/18
Exh.11
Exh.12
Exh.11/A
CA Shri Prasad Vasant Date of the plaintiff is present in person with Adv Ms.
Chitra Kareer h/f Adv Cristina Carlos.
CA of plaintiff and holding advocate for the adv for the plaintiff have filed
application Exh.11 for seeking permission to withdraw the suit, N.M.No.2875/2018
and Ch/s No.771/2021.
CA of plaintiff has produced true copy of power of attorney executed in his
favour by the Board of Director of plaintiff Company. He has made available the
original power of attorney. Copy produced with application Exh.11 tallied with
said original hence, said copy is marked as Exh.12 and original is returned back
to him with direction to produce it as and when ordered by the Court. He has
also produced copy of his AADHAR card with application Exh.11. Said copy
tallied with the original AADHAR card made available by him hence, copy of
AADHAR card is marked as Exh.11/A and original AADHAR card is returned back
to him with direction to produce it as and when directed by the Court.
Suit is filed through one Mrs. Sucheta Anant Khare as CA of the plaintiff. It is
informed by the advocate for plaintiff that said CA of plaintiff is presently in
Australia and hence, Mr. Prasad Date is now appointed as a CA by the Board of
Directors of the plaintiff company. On enquriy, CA of plaintiff admitted the
contents of application Exh.11 to be true, correct and admissible to him. Call say
of defendants on Exh.11.
K.B. for say of defts.
L.O. at 4.15 p.m.
Adv Ms. Chitra Kareer h/f Adv Cristina Carlos for plff present.
Adv Mr. Arun Mehta for defendant No.2 present and endorsed reply of deft No.2
on application Exh.11 itself.
Heard.
It is mentioned in para -2 of the application that suit has become infructuous as
defendant No.2 is no more authorized to deal with the suit flat hence, plaintiff is
withdrawing the suit.
Ld. advocate for defendant No.2 objected to said contents of the application by
submitting that Honble High Court has already granted Probate in favour of
defendant No.2 within the knowledge of plaintiff. He submitted that defendant
No.2 has no objection if plaintiff is withdrawing the suit unconditionally. Ld.
Advocate for the plaintiff submitted that it is already mentioned in pen ink in
prayer clause “a” of application Exh.11 that plaintiff is withdrawing the suit
unconditionally. Since suit is sought to be withdrawn unconditionally alongwith
pending NM No.2875/2018 and Ch/s 771/2021, application Exh.11 is allowed. In
the result, Suit No.1422/2018 and pending NM No.2875/2018 and Ch/s
No.771/2021 are disposed off being withdrawn unconditionally by the plaintiff.
Parties to bear their own costs.
Court fees be refunded to the plaintiff as per rules.
Proceeding is closed.
Authenticated copy of this roznama be given to both parties as per rules.
Judge
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