1 SUIT2809.05.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 2809 OF 2005 with NOTICE OF MOTION NO. 3077 OF 2005 with NOTICE OF MOTION NO. 4070 OF 2007 Mr. Udharam B. Luthaia. ... Plaintiff. V/s. Mahal Pictures Pvt. Ltd. & Ors. ... Defendants. Mr. D. A. Athavale for the Plaintiff. Mr. Yadu Bhargavan for Defendant 4. CORAM : R.Y. GANOO, J. DATED : 21st DECEMBER 2010. P.C. :- Again called out at the instance of learned Counsel for Defendant No.4. Learned Counsel for Defendant No.4 in the morning wanted to place certain objections before the Court as to the move of the Plaintiff to withdraw the Suit. The Court had not recorded the objections and passed an order. 2. The matter is mentioned again in the afternoon at 3.00 p.m. When the learned Counsel for Defendant No.4 wanted this Court to hear the objections and record the same, I have declined to do so because the Plaintiff has requested the 2 SUIT2809.05.sxw Court to withdraw the Suit as the Plaintiff was not interested in prosecuting the Suit. If the Plaintiff has filed the Suit, it is his choice as to whether he should go ahead with the Suit. If the Plaintiff does not wish to prosecute the Suit, the Court cannot compel him to do so. It is on this ground the Suit is allowed to be withdrawn. The consequences arising out of such withdrawal can be noted by the respective parties and can be attended in future. (R.Y. GANOO, J.)