The High Court allowed the Plaintiff to withdraw Suit No. 661 of 2015 and Notice of Motion No. 1320 of 2015 in a family dispute to achieve an amicable settlement.
Suit and Notice of Motion disposed of; Plaintiff's request for leave to withdraw allowed; no order as to costs.
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906-S661-15+.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 661 OF 2015
WITH
NOTICE OF MOTION NO. 1320 OF 2015
Rajesh Vyas Alias Rajesh Sharma…Plaintiff
Versus
Ajay Vyas Alias Ajay Sharma…Defendant
Mr. H.S. Kane, with Ms. Aditi Kulkarni, i/b W.S. Kane & Co., for
the Plaintiff.
Mr. Z. A. Jariwala, i/b M/s. Thakore Jariwala & Associates, for the
Defendant.
CORAM: G.S. PATEL, J DATED: 21st August 2015
PC:-
1.Mr. Kane for the Plaintiff, on instructions from the Plaintiff,
Mr. Rajesh Vyas, who is personally present in Court, seeks leave to
withdraw the Suit. He also tenders a copy of the letter dated 19th
August 2015 addressed to M/s. W.S. Kane & Co. by the Plaintiff
with instructions to this effect. The Plaintiff specifically waives
privilege. The letter is taken on file and marked “X” for
identification.
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906-S661-15+.DOC
2.Mr. Kane submits that the Suit is being withdrawn with a
view to achieve an amicable settlement in a family dispute, the
Defendant being his brother. While I am not specifically reserving
any liberty to the Plaintiff, it is sufficient to clarify that it is always
open for the Plaintiff to take such proceedings as may be
permissible in law should those attempts at reconciliation not
succeed. Consequently all contentions of the Defendant,
represented by Mr. Jariwala, are expressly kept open.
3. The Suit is disposed of in these terms with no order as to costs. Refund of court fee, if any, in accordance with the Rules.
4. In view of disposal of the Suit, nothing survives in the Notice of Motion and the same is disposed of accordingly.
(G. S. PATEL, J.)
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Rajesh Vyas Alias Rajesh Sharma
Ajay Vyas Alias Ajay Sharma
G.S. Patel
As recorded by the court registry
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