VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS No. 173 OF 2008 IN SUIT NO. 3507 OF 2007 Kuresh S/o Rustom Kushes & Ors. Plaintiffs Vs. Farokh Khodadad Irani & Ors. Defendants Ms. Manorama Mohanty i/b M/s. S. K. Srivastav & Co. for the plaintiff. Mr. Tushar Goradia for the defendant Nos. 1 to 3. CORAM : D.G. KARNIK, J. DATE : APRIL 4, 2008 P.C. P.C. P.C. : 1. This Chamber Summons is taken out by the plaintiff for challenging ad-hoc royalty of Rs.30,000/- per month fixed by the court receivier by an order dated 17th of January 2008. 2. Learned counsel for the defendants points out that receiver has thereafter fixed final royalty by an order dated 28th of February 2008 and submits that the chamber summons has become infructuous. In view of this learned counsel for the plaintiff seeks leave to withdraw chamber summons with liberty to take out fresh chamber summons to challenge the final order of the - 2 - court receiver fixing the royalty. Leave granted subject to law of limitation. 3. Chamber Summons is disposed of as withdrawn. Sd/- (D.G. KARNIK, J.)