A writ petition was disposed of upon the withdrawal of an earlier Chamber Summons by the petitioner's counsel, resulting in the impugned order being set aside via this disposal.
Impugned order set aside; Chamber Summons withdrawn with liberty to file fresh.
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14.10.2015
WP-3703-15.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.3703 OF 2015
Vijayanand Bhaskar Churi (Since deceased through his legal heirs) Smt. Sadhana V. Churi and others .. Petitioners Versus M/s. Sonal Construction .. Respondent
Mr. Sachin Kankal i/by Mr. K. N. Kandekar, for the Petitioners. Mr. Y. R. Shah, for the Respondent.
CORAM : R.M. SAVANT, J. DATE : 14th OCTOBER, 2015
P.C.
1. The Learned Counsel Mr. Sachin Kankal holding for Mr. K. N. Kandekar on instructions of Mr. H. D. Makhijani, Power of Attorney holder of the heirs of the original Petitioner makes a statement that the Chamber Summons No.1182 of 2012 be permitted to be withdrawn with liberty file a fresh Chamber Summons through the heirs of original Plaintiff Vijayanand Bhaskar Churi. In view of the said statement by the Learned Counsel for the Petitioners, the said Chamber Summons No.1182 of 2012 is allowed to be withdrawn. In view of the withdrawal of the said Chamber Summons, the impugned order need not be considered on merits and to accordingly stand set aside. If any fresh Chamber Summons is filed
BGP .
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14.10.2015
WP-3703-15.doc
by the heir/heirs of the Plaintiff Shri. Vijayanand Bhaskar Churi, needless to state that the same would be considered by the Trial Court on its on merits and in accordance with law uninfluenced by the impugned order. With the aforesaid directions, the Writ Petition is disposed of.
[R.M. SAVANT, J]
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BGP .
Vijayanand Bhaskar Churi (Since deceased through his legal heirs) Smt. Sadhana V. Churi and others
M/s. Sonal Construction
R. M. Savant
As recorded by the court registry
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