Chs/772/2012 Of Plaza Diamond Properties Private Limited, Mumbai v. The Chief Commissioner Of Income Tax-Ii, Mumbai And 2 Ors

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.772 OF 2012 INSUIT NO.2120 OF 2008 Plaza Diamond Properties Pvt. Ltd. ….Applicant/Org.Plaintiffs IN THE MATTER BETWEEN : Plaza Diamond Properties Pvt. Ltd. ….Plaintiffs V/s. Chief Commissioner of Income Tax-II, Mumbai & Ors .....Defendants ---- Mr. Chirag Balsara a/w Ms. Usha Gadagkar i/b. Diamondwala & Co. for the Plaintiffs. None for the Defendants. ---- CORAM : K.R.SHRIRAM,J DATE : 1[st] August, 2014. P.C.:- 1In the affidavit in reply, one of the objection raised by the Defendants is that the Chamber Summons is not maintainable as the Plaintiffs have neither re-filed the plaint in Suit No.1022/1654 of 2007 filed by them in the Small Causes Court for seeking the relief of possession of the suit property in accordance with the order dated 15[th] November, 2011 passed by the Hon'ble Small Causes Court nor challenged the said order. 2Counsel for the Plaintiffs states that the Plaintiffs have re-filed the suit in this Court which was earlier filed in the Small Causes Court and the number assigned to the said suit by the Registry of this Court is Suit No.486 of 2014. 3In view thereof, the reliefs that were being sought in this Chamber Summons are already covered in the said suit and hence counsel for the Plaintiffs seeks leave to withdraw the Chamber Summons. The Chamber Summons is allowed to be withdrawn with no order as to costs. (K.R.SHRIRAM,J)