rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1841 OF 1981 SUIT NO. 1841 OF 1981 SUIT NO. 1841 OF 1981 Shree Samarth Construction Company Pvt.Ltd. .. Plaintiffs Vs. The Vallabh Co-operative Housing Society Ltd. .. Defendants Ms.Payal Parih i/b.Dhru & Co. for the Plaintiffs. Mr.Y.R.Naik for the Defendants. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 17TH DECEMBER, 2008 DATED : 17TH DECEMBER, 2008 DATED : 17TH DECEMBER, 2008 P.C. P.C. P.C. . The learned Advocate for the Plaintiffs filed an order passed by the Registrar of Companies thereby ordering that the above mentioned company is struck off from the Registrar of Companies. In view of this, the suit does not survive as the suit was filed by the Company. Hence, the order : :: O R D E R :: :: O R D E R :: :: O R D E R :: i. The suit is dismissed as Platintiff’s company does not exists. ( 2 ) ii. There shall be no orders as to costs. iii. In view of the dismissal of the plaint, the learned Advocate for the Defendants applies for withdrawal of the counter claim. The Counter claim is allowed to be withdrawn with no orders as to costs. iv. Refund of court fees is granted to the Defendants as per rules. (R.Y.GANOO,J.) (R.Y.GANOO,J.) (R.Y.GANOO,J.)