Final Order 1

Order Details: Order below exhibit
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IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
ORDER BELOW EXH.9
IN
SUIT NO.35 OF 2022
Nahar Builders Ltd. …. Plaintiff
V/s.
Raji Sundaresan & Others ...Defendants
CORAM: HIS HONOUR JUDGE
SHRI. R. B. PARVEKAR
CITY CIVIL COURT
GR. MUMBAI
DATE : 24.01.2025
Adv. Shroff i/b FF and Associates for plaintiff.
None present for defendants.
ORAL ORDER
Today, plaintiff alongwith his advocate are present
before the Court. Defendant No.3 called repeatedly absent.
Hence, application proceeds without say of defendant No.3.
Plaintiff is a company. Mr. Prithviraj Tikuchand Jain is present
on behalf of plaintiff. He placed copy of resolution alongwith
photo copy of extract of minutes books and Aadhar card. On
perusal of resolution and extract of minutes books it appears
that Prithviraj Tikuchand Jain is authorized to withdraw the
present suit whose lodging bearing suit No.7689 i.e. S.C. Suit
No. 35/2022. He submitted before Court that plaintiff do not
want to proceed further in the present suit and seeks permission
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to withdraw present suit unconditionally. He placed photocopy
of Aadhar Card in proof of his identity. It is submitted by
plaintiff that there is no stay order in the present suit granted
by Hon'ble Appellate Authority. He voluntarily accept contents
in application alongwith his signature. It is settled law that
plaintiff is a dominus litis. Considering the grounds mentioned
in the application, it is just equitable in the eye of law to grant
permission to the plaintiff to withdraw the present suit under
Order XXIII Rule 1, 4(a) of the Code of Civil Procedure, I
proceed to pass following order.
Considering the grounds mentioned in the
application, it is just equitable in the eye of law to grant
permission to the plaintiff to withdraw the present suit under
Order XXIII Rule 1, 4(a) of the Code of Civil Procedure, I
proceed to pass following order.
ORDER
1. Plaintiff is permitted to withdraw L.C. Suit No.35 of 2022
( Suit Lodging bearing No. 7689 Nahar Builder Ltd. ..
plaintiff Vs. Raji Sundaresan & Ors. .. defendants )
2. Necessary order is passed below Exh.1.
Date:24/01/2025 (R. B. Parvekar)
Judge, City Civil Court
Gr. Mumbai
Dictated on : 24.01.2025
Typed on : 24.01.2025
signed on :
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
30/01/2025 11.45 a.m. ( Mayuresh
P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Shri. R. B. Parvekar (C.R.No.59)
Date of Pronouncement of
JUDGMENT/ORDER
24/01/2025
JUDGMENT/ORDER signed by
P.O.on
29/01/2025
JUDGMENT/ORDER uploaded on 30/01/2025
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