Suit disposed off as arbitration proceedings were already ordered. Notice of Motion held infructuous; Court Receiver discharged.
Suit disposed of; Notice of Motion dismissed as infructuous; Court Receiver discharged.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J.
SUMMONS FOR JUDGMENT NO.96 OF 2005
IN
SUMMARY SUIT NO. 3253 OF 2003
Mohammed Iqbal Warras and Ors. .....Plffs.
vs.
Gulamraza Mohammedali Babul
and Ors. .....Defnds.
Rushabh Shah i/b. Banatwala and Co.
for the plaintiffs.
Arif Bookwala i/b. S.H. Patel
for the defendants.
CORAM: S.U. KAMDAR, J.
DATE : 27th October, 2005.
P.C. :.
1. By an order dated 19.10.2005 the suit as well
as Summons for Judgment were referred to the
arbitration of Rajani Iyer and or failure to some
other person. Learned counsel for the plaintiff
now states that he is not willing to go the
arbitration. In my opinion once the order having
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been passed the matter does not survive any
further. Both Summons for Judgment as well as suit
disposed off accordingly interms of the order dated
19.10.2005.
2. In view of the suit itself being disposed off
the Notice of Motion no. 3079 of 2003 does not
survive. The same is dismissed as infructious.
Court Receiver, if appointed stands discharged.
sd/-
********
Mohammed Iqbal Warras and Ors.
Gulamraza Mohammedali Babul and Ors.
S.U. KAMDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court