Final Order 1

Order Details: Order on Exhibit
Pdf Text: CNR NO.MHSCA300037202024
IN THE COURT OF SMALL CAUSES AT MUMBAI
[BANDRA BRANCH]
(Appellate Bench)
ORDER BELOW EXH-1
IN
REVISION NO.40 OF 2024
IN
EXHIBIT -9
IN
RAE & R SUIT NO.227 OF 2018
Mr. Anil Chhagan Nikam Applicant/Original
proposed
defendant
Versus
M/s. Abrol Foundation
Proprietorship Company of Mr. Vivek Omprakash
Abrol & Anr
… Respondents/
(Orig. Plaintiffs and
Org. Defendant
respectively)
Adv. Anand A. Kandoi for the applicant.
Adv. R. S. Karia for the respondents.
Coram : Shri A. A. Ayachit
Additional Chief Judge,
&
Shri D. R. Mali, Judge
Court Room No. 41,
I/C. C. R.No.31
Date :29.08.2025
ORDER : - (Per Shri D. R. Mali, Judge)
The authorised person on behalf of applicant proprietorship
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Exh-1-Revision 40/24 2 of 2 Order
company and its Advocate are present and sought permission to
withdraw the present revision by filing pursis vide Exh. 14. It is
submitted that on the last date of hearing when the court pointed
out legal position about maintainability of the present revision
application, it become apparent to it that the present revision is not
maintainable before this Court. Hence, it seek permission to
withdraw the present revision with liberty to approach before the
Hon’ble High Court for challenging the impugned order.
2. Thus, in view of pursis Exh. 14 and submission of the learned
Advocate for the applicant, the revision application needs to be
disposed off. As far as permission to withdraw with liberty to
institute proceeding before the Hon’ble High Court is concerned,
there is no need to grant such liberty as the applicant has a right to
avail the remedy available to him. Hence, we pass following order. .
O R D E R
1. Revision No. 40 of 2024 is disposed off as
withdrawn.
2. No order as to costs
I Agree,
(A.A. Ayachit)) (D.R. Mali)
Addl. Chief Judge Judge,
C.R. No. 41 C.R. No. 41
I/C.C.R. No.31 I/C.C.R. No.31
Court of Small Causes,(B.B) Court of Small Causes,(B.B)
29.08.2025 29.08.2025/home/steno41/Desktop/CR-31/AUGUST-2025/ORDER/EXH-1-REVISION-40-2024 Withdrawal.odt Shubhada Shanbhag
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