1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMONS NO. 916 OF 2009 IN SUIT NO. 959 OF 2007 Jairaj @ Sunil J. Nathwani & Anr. .. Plaintiffs V/s Arti Selvaraj & Ors. .. Defendants Mr. Hiralal Thakkar, Senior Advocate with Mr. Shailesh Shah, Ms. Jerestin Sidhwa, Mrs. Anila Acharya, Ms. Kumudini Shinde, Mr. Vinod Solanki i/b Tijoriwala & Co. for the plaintiffs. Mr. Abhishekh Khare i/b Mr. Amit Karkhanis for defendant nos.1 to 5. CORAM : D.G. KARNIK, J. DATE : 29TH JUNE 2009 P.C. : 1. Learned counsel for the defendants seeks leave to withdraw the chamber summons with liberty to file a fresh chamber summons making appropriate averments and prayers. Learned counsel for the plaintiffs opposes the request and submits that the request should not be granted and if at all the request is to be granted, the plaintiffs may be compensated with 2 costs of this chamber summons. 2. I see no reason to refuse the permission as in my view, the prayers made in the chamber summons are not adequate and the reasons given in the affidavit in support of the chamber summons are also not adequate and there are technical defects and on account of which the defendants are likely to fail in the chamber summons. 3. For these reasons, the chamber summons is allowed to be withdrawn with liberty to the defendants to file a fresh chamber summons subject to payment of costs which are quantified at Rs.2,000/- as a condition precedent. The costs shall be deposited in the Court within 2 weeks with liberty to the plaintiffs to withdraw the same. (D.G. KARNIK, J.)