1 nms322-11 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.322 OF 2011 IN SUIT NO.260 OF 2011 Hakkasan Limited ....Plaintiff V/s. Savannah Leisure Pvt. Ltd. & Ors. ....Defendants Mr.Virag Tulzapurkar, Senior Counsel with Ms.Priyanka Sah and Mr.Ali Asgar Dholakia i/b Wadia Ghandy & Co. for the Plaintiff. None for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 10TH JUNE, 2011. P.C. :- 1. When the matter was called out yesterday, the defendants were absent. I heard Mr.Tulzapurkar’s argument for the plaintiff. With a view to affording the defendants an opportunity of being heard, I stood the matter over to today. The plaintiff’s advocates were requested to inform the defendant’s advocate about the same. 2. However, the plaintiff’s advocate received a letter dated 7.6.2011 from the defendant’s advocate on 9.6.2011 at 2.55 p.m. i.e. after the arguments for the plaintiff had concluded and the matter had been adjourned. A copy of this letter is tendered in Court, taken on record and marked “X”. The defendant’s advocate stated that the defendants have decided to withdraw their defence in the suit. The same is confirmed by the 2 nms322-11 defendants’ authorized signatory at the foot of the letter. 3. Accordingly, the plaintiff’s advocate addressed an e-mail message with an attachment being a letter dated 9.6.2011 recording the above. A copy of the said e-mail message and the attachment are taken on record and marked “X-2” collectively. 4. The defendants are absent even today. However, in view of the above correspondence, it is not necessary to furnish any reasons for the order. 5. The notice of motion is therefore, made absolute in terms of prayers (a-i), (a-ii) and (a-iii). No order as to costs