Full Order Text
Order 4 · 03 Apr 2023 · CNR MHCC010072822018
Order Details: Other Pdf Text: 5/3/23, 1:42 PM Case History 172.16.148.30/swecourtis/kiosk/ 1/1 Back Daily Status IN THE COURT OF :COURT 66 ADDL SESSIONS JUDGE Case No. :SUIT/0101762/2018 Mr. Manharlal Maganlal Badiani Vs 1.Mr. Rishab Prashmesh Barar 2. Mrs. Dhanashree Khade Nee Barar Date : 03-04-2023 Business : (NOB TOB)(By preceipe moved by the adv. for deft. no. 2 - allowed) Adv. Vivek Sharma for plaintiff present Adv. Sayali Patil h/f Adv. Rajeev Matkar for defendant no. 2 present and filed vakalatnama a/w deft. no. 2 t.o.r. marked as Exh.9 She also filed application in counter claim Exh.8 for withdrawal in counter claim Exh. 8 t.o.r. marked as Exh.10 LO 5.00 pm. Adv. Jash Vyas a/w Adv. Vivek Sharma for plaintiff present and filed application for withdrawal of the suit. t.o.r. and marked as Exh.11 On perusal of contents in Exh. 10 and 11, it appears that Defendants no. 1 and 2 have settled their disputes in accordance with consent terms filed in petitions no. A- 1825, 2018 before the family Court at Bandra. Defendant no. 2 is withdrawing the Counter claim by filing application Exh. 10. Ld. Counsel Shri Jash Vyas is also withdrawing the suit subject to withdrawal of the Counter Claim as per instructions of his client. He has also annexed copy of letter received from the plaintiff with xerox copy of his Aadhar Card. As both sides are acting voluntarily by fully knowing legal effect of withdrawal and they are well instructed by their respective advocates, both applications can be allowed. Hence, I passed the following order - Order 1. Application Exh. 10 is allowed. 2. Counter claim Exh. 8 is disposed of having been withdrawn. 3. Application Exh. 11 is allowed. 4. Suit No. 1762/2018 is disposed off as withdrawn. 5.Court fees be refunded to the Plaintiff and deft. no. 2 as per rules and Refund Certificates be issued accordingly. 6. Parties shall bear their own costs. 7. Proceeding closed. Nature of Disposal : WITHDRAWL Disposal Date : 03-04-2023 COURT 66 ADDL SESSIONS JUDGE -- 1 of 1 --
