1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY & ORIGINAL CIVIL JURISDICTION SUIT NO. 99 OF 2009 WITH NOTICE OF MOTION NO. 311 OF 2009 Kantilal @ Kantibhai K.Shah. ... Plaintiff. V/s. Excel Enterprises and Anr. ... Defendants. Mr. Sanjay Jain a/w. Ashok Purohit & Co. for the Plaintiff. Mr. Kedar Deshpande i/b. Usha Gadagkar for the Defendants. CORAM : S.C. DHARMADHIKARI,J. DATED : 21st NOVEMBER 2009. P.C. :- This matter was argued and was placed for orders today. At the conclusion of the arguments, Mr. Jain, learned Advocate appearing on behalf of the Plaintiff had sought time to take instructions from the Plaintiff as to whether the Plaintiff is desirous of withdrawing the Suit with liberty to file a fresh Suit or adopt appropriate proceedings. 2. Accordingly, Mr. Jain states that the Plaintiff has instructed the Advocate to apply for withdrawal of the Suit with liberty to file a fresh Suit or adopt appropriate proceedings. 3. At the request of Mr. Jain and by consent, the Suit is placed for withdrawal on today’s Board. It is called out accordingly. The Suit is allowed to be withdrawn with liberty to file a fresh Suit or adopt appropriate proceedings. 2 4. Notice of Motion No.311 of 2009 does not survive in the light of the withdrawal of the Suit itself. 5. The Plaintiff can be entitled to refund of Court fees as per Rules. No order as to costs. (S.C. DHARMADHIKARI,J.)