1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 4493 of 1999 Escolastics Faustine DSouza @ Esther DSouza .. Plaintiff versus Pancsheel Builders & ors. .. Defendants ... Mr.N.G. Raut for the plaintiff. Mr.B. Shroff i/b Mr.Chandra Naik for defendant nos.5 and 6. CORAM : D.G. KARNIK, J DATED : 29th April 2009 P.C.: 1. Learned counsel for the plaintiff submits that there is a technical defect in the suit on account of which suit is likely to fail. He therefore seeks leave to withdraw the suit with liberty to file appropriate proceedings before appropriate forum. 2 2. Counsel for defendant nos.5 and 6 has no objection for granting such leave. Other defendants are absent when called. 3. Suit is permitted to be withdrawn with liberty to take out appropriate proceedings before appropriate forum. 4. Since leave to file fresh appropriate proceedings have been granted, there shall be no court fee refund. No order as to cost. (D.G. KARNIK, J)