: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.141 OF 2010 Jageshwar Bhagwati and Anr. .. Plaintiffs v/s. M/s.Gandhi Adhivitiya Combine .. Defendants ......... Mr. G.N. Pandit for the plaintiffs Mr. A.R. Mishra for the defendant ......... CORAM : R.Y.GANOO, J. DATE : 7th MAY, 2010. P.C. : 1. Learned Counsel for the plaintiffs applies for withdrawal of the suit as there are number of defects in drafting of the plaint and the plaintiffs want to file a proper suit with proper averments. 2. The suit is allowed to be withdrawn. Liberty as prayed for is granted. Plaintiffs to pay to defendants costs of Rs.5,000/- so far as : 2 : this suit is concerned. The cost is condition precedent for institution of the fresh suit. Refund of Court fees granted as per Rules. Notice of Motion No.197 of 2010 is allowed to be withdrawn with no order as to costs in view of order in the suit. (R.Y.GANOO, J.)