The Bombay High Court disposed of Suit No. 2135 of 2009 as withdrawn by the plaintiff based on his affidavit stating consent terms to withdraw all legal proceedings in another suit.
Leave granted to withdraw the present suit entirely as per the plaintiff's affidavit.
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.
spb/
5s2135-09fl.sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 2135 OF 2009
Ravi Kiran Aggarwal … Plaintiff.
V/s.
The Shri Krishna Hindu Merchants Club & Ors. ... Defendants.
Mr. Vibhav Amonkar i/by Mahernosh Humranwala & Co. for the Plaintiff.
None for the Defendants.
CORAM : N. M. JAMDAR, J. DATE : 07 OCTOBER, 2013
P.C. :
1 The learned counsel for the plaintiff tenders an affidavit dated 05 October, 2013. In this affidavit the plaintiff has stated that the plaintiff has filed another suit bearing Suit No. 1783 of 2010 against the defendant no.1 and others in the City Civil Court, Mumbai. In the said suit, the plaintiff and defendant no.1 had executed consent terms. The learned counsel for the plaintiff states that in the consent terms dated 03 October 2012, the plaintiff has undertaken to withdraw all the legal proceedings filed in any other court, as regards the dispute between the plaintiff and defendant no.1 and others. The learned counsel for the plaintiff accordingly seeks leave to withdraw the present suit.
1/2
Borey
5s2135-09fl.sxw
spb/
2 The suit is disposed of as withdrawn, as per the affidavit filed by the plaintiff dated 05 October 2013.
3 Refund of court fees as per rules.
(N.M.JAMDAR,J.)
2/2
Borey
N. M. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
