- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.518 OF 2006 Seth Ashok Gupta. ...Plaintiff vs. Pushpasen Maganlal Kaku & another ...Defendants ... Mr.B.P.Manek i/b. Tushar Goradia,for Plaintiff. None for defendants. CORAM: D.K.DESHMUKH, J. DATED: 6th DECEMBER,2006 - 2 - P.C.: 1. On a motion made by the learned Counsel appearing for the plaintiff, the suit is allowed to be withdrawn against defendant no.1. 2. Writ of summons has been served on the defendant no.2. The defendant no.2 is not appearing though served. Affidavit of service has been filed. Heard the learned Counsel appearing for plaintiff. Perused the record including original documents. Suit is decreed in terms of prayer clause of the suit against defendant no.2 only. Refund of court fees as per rules. ...