The High Court at Bombay recalled an order dismissing a suit for want of prosecution upon consent of both parties, restored the suit to file, and ultimately dismissed it as withdrawn with a refund of court fee.
Order dated 1st September 2009 recalled; suit restored to file and dismissed as withdrawn; court fee refunded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J.
SUIT NO.532 OF 1997
Famous Cine Laboratories & Studios Ltd. ...Plaintiff. Vs. M/s.Ramsay Motion Pictures. ...Defendant.
Mr. R.K. Thakkar for the Plaintiff. Ms.Trupti Sanghavi i/b. Ketan R. Parekh for the Defendant.
CORAM : DR.D.Y.CHANDRACHUD, J.
September 30, 2009 .
P.C.
The suit was dismissed for want of prosecution on 1st September 2009. Counsel appearing on behalf of the Plaintiff states that he has filed a praecipe on 4th September 2009 seeking leave to withdraw the suit. In the circumstances, the request before the Court is that the order dated 1st September 2009 may be recalled by consent and the Plaintiff may be permitted to withdraw the suit. Counsel appearing on behalf of the Defendant states on instructions that there is no objection to the request made by Counsel for the Plaintiff. In the circumstances, the order dated 1st September 2009 is, in terms of the
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praecipe filed by the Advocate for the Plaintiff on 4th September 2009, recalled. The suit is restored to file and is called out by consent. On the request of Counsel, the suit is dismissed as withdrawn. There shall be a refund of Court fee, if any, as per the rules.
Famous Cine Laboratories & Studios Ltd.
M/s. Ramsay Motion Pictures
Dr. D.Y. Chandrachud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
