Final Order 1

Order Details: Other
Pdf Text: 25-01-2022
Sr. no.25
Com SU 1190 /21
NM No. 3954/19
C/S No. 1580/21
Exh. 12
Exh.13
CORAM:H.H.J.SHRI.R.R.BHAGWAT (C.R.NO.31)
Adv. Archit Virmani alongwith plaintiff present.
Adv. Sakina Kothari alongwith defendants no. 1 to 4 are
present.
Commissioner’s report is received in closed envelope and it is
opened in presence of Advocates representing in both sides.
In the said envelope commissioner report of Adv. Tapan
Thatte is found. Simultaneously three plastic containers with
two hard disks and two connecting cables (Connectors) in
each of them are found. This plastic containers are wrapped
with transparent cello-tap. Paper wrapped around the same is
having matter “Team A Tapan Thatte ” , “Team B Tapan Thatte
” and “Team C Tapan Thatte ”.
Commissioner’s report with six hard disks and six connecting
cables is collectively marked as Exh. 12.
Data in six hard disk is deleted in presence of the plaintiff,
defendants no. 1 to 4 and their respective counsels by using
computer on the dias as per prayer in application Exh. 10.
Accordingly, application Exh. 10 is allowed in terms of prayer
clause (a) and (b). Similarly, prayer clause (b) in application
Exh. 10 is implemented practically with consent of both sides.
The plaintiff, defendants no. 1 to 4 and their respective
counsels filed joint pursis regarding compliance of prayer
clause (b) in application Exh. 10 t.o.r. and marked as Exh.13.
In view of orders passed in roznama on 20-01-
2022 and above order on Exh. 10, electronic record obtained
by report commissioner is deleted and pre-requisite for the
completion of settlement formalities and withdrawal of the
suit is complied with. Accordingly, the plaintiff and his Ld.
Counsel submitted that application Exh. 11 may be allowed.
Hence, I pass the following order -
Order
1. Application Exh.11 is allowed.
2.Commercial suit No. 1190/21 is disposed off as
withdrawn.
3.Court fees be refunded to the Plaintiff as per rules and Refund
Certificate be issued accordingly.
4. Parties shall bear their own costs.
5. Proceeding of the suit is closed.
6. NM No. 3954/19 and C/S No. 1580/21 are disposed off
having become infructuous due to disposal of the suit.
Judge
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