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Moksha Pte Ltd, In re [2023] FJCA 75; ABU030.2020 (26 May 2023)

IN THE COURT OF APPEAL, FIJI
ON APPEAL FROM THE HIGH COURT

CIVIL APPEAL NO. ABU 030 of 2020
(High Court Civil Action No. HBE 21 of 2019)
Companies (Winding Up)

IN THE MATTER of MOKSHA PTE LIMITED
a limited liability company having its registered office at Lot 59, Maui Bay West Road,
Maui Bay Estate, Baravi.

Coram : (Dr) Almeida Guneratne, P
Jitoko, VP
Basnayake, JA

Counsel : Mr. A. Prasad for the Appellant
Ms. L. Jackson for the Respondent

Date of Hearing : 02 May, 2023
Date of Judgment : 26 May, 2023

JUDGMENT

[1] The learned counsel appearing for the Appellant filed a motion dated 11 April 2023 with a copy to the Solicitors for the Respondent seeking to withdraw and discontinue the appeal for the reasons stated in the motion. When this case was taken up for argument the learned counsel for the Appellant moved in open court that he is seeking to withdraw the appeal. The learned counsel appearing for the Respondent did not object to the withdrawal subject to costs.
[2] Having considered the fact that the Respondent had been given prior notice of the withdrawal and other circumstances, costs in a sum of $500.00 is considered justified.

[3] Whilst allowing the application for withdrawal, the appeal of the Appellant is dismissed with costs of $500.00 payable to the Respondent within 28 days from the date of this judgment.

Orders of Court are:

1. The appeal is dismissed.
   
2. The Respondent/Appellant to pay costs $500.00 to the Applicant/Respondent within 28 days from the date of this judgment.
   

Hon. Justice (Dr) Almeida Guneratne
PRESIDENT, COURT OF APPEAL

Hon. Justice Filimone Jitoko
VICE PRESIDENT, COURT OF APPEAL

Hon. Justice Eric Basnayake
JUSTICE OF APPEAL