Date: 02-11-2019
Business: Advocate Mr. Mayank Bagla for Plaintiff present and filed uncertified copy of order passed by Hon\''ble Apex Court on 30/09/2019 in Petition (s) for Special leave to Appeal (c) No(s).23191/2019 and Plaintiff\''s advocate submitted that in view of order of Hon\''ble Apex Court Notice of Motion filed by Plaintiff on 23/04/2018 is necessary to be disposed off.
Advocate Mr. Matkar with Ms. Kiran Desai for Defendant present and filed list of documents, t.o.r. Defendant\''s advocate submitted that today Defendant has filed list of documents in which uncertified copy passed by Hon\''ble Apex Court on 30/09/2019 in Petition(s) for Special leave to Appeal (c) No(s).23191/2019 is filed by Defendant. It is further submitted by Defendant\''s advocate that Plaintiff is master of the suit and as submitted by Plaintiff\''s advocate, draft Notice of Motion filed in the Court on 23/04/2018 can be disposed off. Defendant\''s advocate further submitted that in view of order passed by Hon\''ble Apex Court, not only Notice of Motion filed by Plaintiff but also suit is necessary to be disposed off. In reply Plaintiff\''s advocate submitted that the suit should remain pending and it will be withdrawn by Plaintiff after repair as ordered by Hon\''ble Apex Court.
Considering submissions made on behalf of the parties, draft Notice of Motion filed by Plaintiff in the court on 23/04/2018 stands disposed off. It be numbered for statistical purpose.
Plaintiff is directed to file affidavit on record in respect of the repair of suit premises as ordered by Hon\''ble Apex Court. It is made clear that, after filing of such affidavit by Plaintiff, if Plaintiff will not withdraw the suit court will have to pass order for disposal of the suit.
Case is adjourned to 11/02/2020 for compliance/ filing affidavit by Plaintiff.
Nature Of Disposal: DISMISSED
Disposal Date: 02-11-2019
