Suit dismissed due to plaintiff's death over a year prior without heir instructions; interim reliefs vacated andThird Party Notice disposed of. Deposit withdrawals addressed.
Suit dismissed; interim reliefs vacated; Third Party Notice disposed of. Liberty to withdraw deposits.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO.2618 OF 1988
WITH
THIRD PARTY NOTICE NO.2 OF 2002
AND
NOTICE OF MOTION NO.957 OF 2007
AND
NOTICE OF MOTION NO.457 OF 2011
Capt. G.L. Gunther..Plaintiff.
Versus
The Oil & Natural Gas Commission & Anr...Defendants.
Ms. Smriti Singh i/b Dastur Dadhich & Kalambi for the Plaintiff.
Mr. A. M. Bhalerao i/b Vyase Bhalwal for the Respondent No. 1.
Mr. Rahul Naricharia for Respondent No. 2.
Mr. Prresswalla for the ONGC.
CORAM : G.S. Patel, J. Monday, 3rd February 2014.
P.C. :
1.Today, the matter is listed for dismissal. Learned Advocate for the
plaintiff states that she has no instructions from the heirs of the plaintiff, who
passed away over a year ago. The suit is dismissed.
2.Interim / ad-interim relief, if any, granted earlier in any interlocutory
proceedings in this suit, shall stand vacated forthwith. In view of the dismissal
1 of 2
of the suit, nothing survives in the interlocutory proceedings and the same are
disposed of as such. The Third Party Notice is similarly disposed of as
infructuous.
2.By an order dated 22nd December 2013, the Court noted that the
plaintiff had furnished a deposit of Rs.2,35,000/- to secure the costs incurred
by the 1st defendant. An amount of Rs.75,000/- was allowed to be withdrawn
by the plaintiff. The balance is still lying deposited in Court. The plaintiff's
heirs shall be at liberty to take out a suitable application for withdrawal of the
balance amount, if any. In that very order, the 1st defendant had been directed
to deposit an amount of Rs.75,000/- to meet the expenses of the plaintiff's 2nd
witness.
3.Liberty to the 1st defendant to withdraw this amount of Rs.75,000/- or
the balance deposited by the 1st defendant, if the same has not already been
withdrawn.
2 of 2
Capt. G.L. Gunther
The Oil & Natural Gas Commission & Anr
G.S. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court