: 1 : nms-4678-07-c=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 4678 OF 2007 IN COUNTER CLAIM NO.32 OF 2007 IN SUIT NO. 2150 OF 2007 Priya Construction Pvt. Ltd. .. Plaintiffs (Orig. Defendants) v/s. CTR Manufacturing Industries Ltd. .. Defendants (Orig. Plaintiffs ) ......... Mr. Pratik Saxseria i/by Vidhi Partners for plaintiffs in support of NMS Mr. Chirag Balsara i/by M/s. Negandhi Shah and Himayatullah for defendants in support of NMS 4678/07. ......... CORAM : R.Y.GANOO, J. DATE : 1st SEPTEMBER,2010. P.C. : 1. This motion is taken out by the defendants in Counter Claim filed by them. Learned Counsel appearing on behalf of the plaintiffs upon instructions made a statement that plaintiffs shall not part with possession in regard to flat No.403-B and the terrace, which now stands enclosed (which once upon a time was open) till the disposal of the suit. Learned Counsel for the defendants applies for withdrawal of this : 2 : nms-4678-07-c=.sxw motion in view of the aforesaid statement made by learned Counsel for the plaintiffs. Motion is allowed to be withdrawn. Statement made by plaintiffs on instruction is recorded. There shall be no order as to costs. (R.Y.GANOO, J.)