Allowed amendment to withdraw suit for arbitration; suit withdrawn without prejudice to defendant's rights; pending applications disposed of.
Application for amendment allowed; suit withdrawn; pending applications disposed of; court fees refunded.
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902.COMS.117.2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL SUIT NO. 117 OF 2023
WITH INTERIM APPLICATION (LODGING) NO. 36421 OF 2022 WITH INTERIM APPLICATION (LODGING) NO. 21472 OF 2023 IN COMMERCIAL SUIT NO. 117 OF 2023
Ultra Lifespaces Private Limited (Satra Buildcon Pvt. Ltd.)
...Plaintiff
Versus
SHRIKANT SHRINIVAS MALANI
Pyramid Developers & Ors. ...Defendants
Digitally signed by SHRIKANT SHRINIVAS MALANI Date: 2023.08.09 10:50:43 +0530
CORAM : MANISH PITALE, J DATE : 08th AUGUST, 2023
P. C. :
invited attention of this Court to Interim Application for amendment filed in the present Suit.
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Shrikant Malani
902.COMS.117.2023.doc
provided in clause 35 of the joint development agreement executed between the Plaintiff and Defendant No. 1.
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Shrikant Malani
902.COMS.117.2023.doc
(MANISH PITALE, J.)
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Shrikant Malani
2 issues framed by the court
Whether to allow an application for amendment to withdraw a suit in favor of invoking arbitration under a joint development agreement.
Whether to permit withdrawal of the suit without prejudice to the defendant's rights and contentions.
Manish Pitale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
