(05)NMCD381.17_COMIP478.17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
NOTICE OF MOTION NO. 381 OF 2017
Anjali Digitally signed
T.
by Anjali T.
Aswale IN
COMMERCIAL SUIT NO. 478 OF 2017
Date:
2021.02.03
Aswale 10:43:37 +0530
1 Sri Klpataruvu Chits (India)
Pvt. Ltd. & Anr. ... Applicants
In the matter between:
Kalpataru Properties Pvt. Ltd. ... Plaintiff
Vs
1 Sri Klpataruvu Chits (India)
Pvt. Ltd. & Anr. ... Defendants
Dr. Abhinav Chandrachud with Mr. Dhiren Kanakia and Ms.
Aaditi Chavan i/b Khaitan & Co. for the Plaintiff.
Mr. Akshay Patil with Mr. Karan Dhawan and Mr. Arnav Misra i/b
K. Ashar & Co. for the Applicants/Defendant Nos.1 & 2
CORAM : B.P. COLABAWALLA, J.
TUESDAY, 02ND FEBRUARY, 2021 P.C. :
1 When this matter was called out, the learned counsel appearing on behalf of the original defendants/applicants sought SR Pasha, Sr PS Page 1 of 3 (05)NMCD381.17_COMIP478.17.doc leave to withdraw the above Notice of Motion, which is fled seeking rejection of the Plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908. Accordingly, leave is granted and the above Notice of Motion is dismissed as withdrawn. 2 The learned counsel appearing on behalf of the original defendants states that this withdrawal ought not to affect the right of the defendants to take out a proceeding under Order XIII-A of the Code of Civil Procedure seeking a summary judgment of dismissal of the above Suit. 3 Considering that the cause of action under Order XIII- A is different from the one under Order VII Rule 11, I do not think any clarifcation is required in this regard. If such an application is fled under Order XIII-A by the defendant, the same shall be decided on its own merits and in accordance with law, notwithstanding the fact that the present Notice of Motion has been withdrawn by the defendants.
4 This order shall be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned shall SR Pasha, Sr PS Page 2 of 3 (05)NMCD381.17_COMIP478.17.doc act on production by fax or e-mail of a digitally signed copy of this order.
B.P. COLABAWALLA, J.
SR Pasha, Sr PS Page 3 of 3