Final Order 3

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
( BANDRA BRANCH)
ORDER BELOW EXHIBIT 1
IN
L. E. SUIT NO. 40 OF 2022
(CNRMHSCA30003352022)
Bai Hirabai Tata Memorial Trust,
a trust registered under the Bombay
Public Trusts Act,through their present
Trustees
1. Mr. Kersi Minocher Gherda
(deleted since deceased)
age 84 years, Oc. Company Director,
2. Mr. Burjor Hormusji Antia,
aged 84 years, Occ. Solicitor,
3. Mr. Jehangir Hirji Cawasji Jehangir
aged 60 years, occ. Business,
4. Mr. Jamshed Farokh Guzder,
aged 36 years, occ. Service,
5. Mr. Burzis Shapur Taraporevala
aged 61 years, Occ. Service,
Having office at Block 'B', Seth G.M.
Kherabadi Building, Tata Blocks,
38th Road, Off. S. V. Road,
Bandra West, Mumbai 400 050
through their authorised signatory
Mrs. Kashmira Tehernosh Kapadia, ...Plaintiffs
Versus
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1. Mr. Naozad Jal Tata
age 53 years, Occ. Business,
2. Mrs. Shanaya Ammar Petiwala alias
Ms. Shanaya Naozad Tata
age 28 years, occ. Service,
both residing at Flat no. 5, Sir Dorab Tata
Bldg. No. 2, 219, S. V. Road,
Bandra West, Mumbai 400 050. ...Defendants
Lakshmi G. Vora, ...learned Advocate for plaintiff.
Anoop Sharma, ...learned Advocate for defendants.
Coram: P. K. Kharate,
Judge, C. R. No. 35,
Date: 21st March, 2023.
ORAL ORDER:
The plaintiff has filed withdrawn application vide Exhibit
18. I have passed the detail order below Exhibit 18. Hence, the
plaintiffs are entitled to withdraw the suit with liberty to file fresh
suit before proper forum subject to costs of Rs. 5,000/ to the
defendant or deposit in the court. The plaintiffs shall pay the costs
within a month from today. Hence, the suit is disposed off as
withdrawn. The court fees be refunded to the plaintiffs as per rules.
(Dictated and pronounced in Open Court.)
Bandra Mumbai. ( P. K. Kharate )
Date : 21.03.2023 Judge, C. R. No.35
Order dictated on : 21.03.2023
Order checked & signed on: 21.03.2023
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