Final Order 1

Order Details: Order below Ex-1
Pdf Text: 1 Case No.01/TA/2025.
MHMM110006802025
IN THE COURT OF THE CHIEF JUDICIAL MAGISTRATE,
AT ESPLANADE, MUMBAI
(Presiding Officer – M. R. A. Shaikh)
Transfer Application No.01/TA/2025
Babita Malkani ...Applicant.
(Original Complainant)
V/s.
1. State of Maharashtra
(At the instance of Juhu Police Station)
2. Pravin Malkani
3. Bharat Malkani
4. Jyoti Malkani ….Respondents
(Original Accused)
Appearance for:-
Applicant :- Learned Adv. Sushmitha Sherigar/Noor Alam.
Respondent No.2 :- Learned Adv. Swarali Joglekar.
Respondent Nos.3 & 4 :- M/s. Nankani & Associates.
ORDER BELOW EXH.1
(On 05.03.2025)
The Learned Counsel for Applicant filed pursis at Exh.10 for
withdrawal of present application as instructed by applicant in view of
settlement pending.
2. However, the Learned Counsel for Respondent No.2 also filed
pursis at Exh.11 and Learned Counsel for Respondent Nos.3 & 4 has
given his reply below Pursis Exh.10.
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2 Case No.01/TA/2025.
3. No doubt, the withdrawal pursis filed after completion of oral
arguments of the parties. Both the Learned Counsels for the
respondents objecting for withdrawal the matter without withdrawing
the allegations against the Court.
4. Withdrawal Pursis at Exh.10 though mentioned that, due to
settlement pending between the parties, applicant want to withdraw the
matter. It means the applicant withdraw the entire matter and not
partially as stated by the respondents.
5. Considering the facts and circumstances, matter can be
withdrawn at any stage when the party not interested to proceed
further. In the light of withdrawal Pursis Exh.10, I do not find any
barrier to permit the applicant to withdraw the said case. Hence, pass
the following order;
ORDER
(1) Transfer Application No.01/TA/2025 is disposed of as
withdrawn.
(2) Proceeding is closed.
(M. R. A. Shaikh)
Chief Judicial Magistrate
Date :- 05.03.2025. Esplanade, Mumbai.
SBA/-
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