S/86/2013 of NEW CONSOLIDATED CONSTRUCTION CO. LTD. Vs MANTRI DEVELOPERS PVT. LTD. AND ANR on 26 December 2012

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION

SUIT (L) NO.2845 OF 2012

New Consolidated Construction Co. Ltd.

..Plaintiffs

versus

Mantri Developers Private Ltd. & Anr.

..Respondents

--------

Mr. Ashok Davar alongwith Mr. Sridhar Chari for the Plaintiffs.

Mr. Chetan Kapadia alongwith Mr. H.S.Khokawala i/b for the Respondent.

.............

CORAM : M.S.SANKLECHA, J.

(VACATION COURT)

DATE

: 26[th] December, 2012

P.C.:

1

This suit has been filed seeking to

restrain the defendant no.1 from invoking 7 bank guarantees issued by defendant no.2 (Vijaya Bank) as sought to be done by letter dated 19.12.2012.

When the matter was called out Mr. C.S.

Kapadia, Counsel for the defendant no.1 and Mr. A.Davar Counsel for plaintiff state that the matter has been settled. Mr. C.S.Kapadia, Counsel for Defendant No.1 states that defendant no.1 is withdrawing its letter dated 19.12.2012 addressed to Vijaya Bank being Exh.’P’ to the plaint by which 7 bank guarantees were invoked. In view of the statement made by the Mr. Kapadia, the plaintiff seeks to withdraw the present suit. Mr. Davar, Counsel for the plaintiff undertakes to pay the requisite court fees payable within one week. Undertaking is accepted.

3In view of the above, Suit is allowed to be withdrawn.

4Parties to act on a copy of the order duly authenticated as True Copy by the Associate or Personal Assistant of this Court.

(M.S. SANKLECHA, J.)