Final Order 1

Order Details: Other
Pdf Text: Advocate Mr. Mayank Bagla for Plaintiff present and filed uncertified copy of order passed by
Hon&amp#039ble Apex Court on 30/09/2019 in Petition (s) for Special leave to Appeal (c)
No(s).23191/2019 and Plaintiff&amp#039s advocate submitted that in view of order of
Hon&amp#039ble 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&amp#039s advocate submitted that today Defendant has filed
list of documents in which uncertified copy passed by Hon&amp#039ble 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&amp#039s advocate that Plaintiff is master of the suit and
as submitted by Plaintiff&amp#039s advocate, draft Notice of Motion filed in the Court on
23/04/2018 can be disposed off. Defendant&amp#039s advocate further submitted that in view
of order passed by Hon&amp#039ble Apex Court, not only Notice of Motion filed by Plaintiff
but also suit is necessary to be disposed off. In reply Plaintiff&amp#039s advocate submitted
that the suit should remain pending and it will be withdrawn by Plaintiff after repair as ordered by
Hon&amp#039ble 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&amp#039ble 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.
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