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Court Order

Final Order 1

CNR MHCC01007130201923 Sept 2021
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 23 Sept 2021 · CNR MHCC010071302019

Order Details: Other
Pdf Text: 23/09/2021 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62)
42
SU-2151-2019
Adv Ghadigaonkar for plff present.
Adv Ansari Kalim for deft No.1 present.
Plaintiff Rakesh C. Chhadha present in person with his learned
advocate Ghadigaonkar and filed application Exh.3 for seeking
to withdraw the suit unconditionally.
Advocate for defendant No.1 endorsed his no objection on the
application itself.
None present for defendant No.2 to 6.
Verified the contents of application Exh.3 from the plaintiff
who is present in person. He admitted the contents to be true.
Since the suit is sought to be withdrawn unconditionally,
application Exh.3 is allowed.
In the result, suit stands disposed of as withdrawn
unconditionally.
Parties to bear their own costs.
Court fees be refunded to the plaintiff as per rules.
Pending NM No.3629 of 2019, 2597 of 2019 and 974 of 2020
are disposed of as the suit is withdrawn.
Proceeding is closed.
Judge.
LO
Advocate for defendant No.1 filed pursis/application on behalf
of defendant No.1 seeking withdrawal of amount of
Rs.4,97,089/- and Rs.2,55,084 alongwith accrued interest
thereon deposited by defendant No.1. Plaintiff’s advocate has
endorsed no objection on said pursis/application.
Perused the order dated 08.11.2019. Though plaintiff has
endorsed no objection on the said pursis, it is necessary to
hear defendant Nos.4 to 6 on pursis/application, in view of
the observations made in order dated 08.11.2019. Defendant
No.1 is directed to serve defendant Nos.4 to 6 with the said
pursis for 05.10.2021. As the suit is disposed of, defendant
No.1 is directed to get the application/pursis registered as
Misc. Application by giving the necessary title. The Misc.
Application be got registered and it be kept on 05.10.2021 for
service on defendant Nos.4 to 6. Also call report of the office
on said Misc.Application.
Authenticated copy of the roznama be given to the advocate
for the defendant No.1 as per rules.
Judge
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