Applicants sought liberty to withdraw a chamber summons with liberty to file a fresh one. Court granted liberty and dismissed the summons as withdrawn, expressly keeping merit open.
Chamber summons dismissed as withdrawn with liberty to file a fresh chamber summons and insert the draft amendment.
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3-CHS555.18
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 555 OF 2018 IN SUIT NO. 623 OF 2017
Sonali Manish Ashar & Ors.
..... Applicants (Org.Plaintiffs)
IN THE MATTER BETWEEN Sonali Manish Ashar & Ors.
VERSUS
Arunkumar Jamnadas Ashar & Anr. ….. Defendants
Ms.Kamla Nichani, a/w. Ms.Rita D.Bhatia, Mr.Mohd. M. for the Plaintiffs/Applicants.
Mr.Vivek Kantawala, a/w. Mr.Amey Patil, Mr.Vivek M.Sharma, Mr.Shanay S.Bafna, Ms.Hetal Jobanputra, i/b. M/s.Vivek Kantawala & Co. for the Respondent no.2 (Original defendant no.2).
CORAM : R.D. DHANUKA, J. DATE : 11th JANUARY, 2019
P.C .
Ms. Nichani, learned counsel appearing for the applicants seeks liberty to withdraw this chamber summons with liberty to file a fresh chamber summons and to insert the draft amendment moved before this court in the fresh chamber summons. Mr. Kantawala, learned counsel appearing for the defendants has no objection if such liberty is granted by this court. Chamber summons is dismissed as withdrawn with liberty as prayed. It is made clear that this court has not expressed any views on the merit of the matter. All contentions of both the parties are kept open. No order as to costs.
Sonali Manish Ashar & Ors.
Arunkumar Jamnadas Ashar & Anr.
R.D. DHANUKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
