IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL REVISION APPLICATION NO.237 OF 2008 REVISION APPLICATION NO.237 OF 2008 REVISION APPLICATION NO.237 OF 2008 M/s M/s M/s Om Sweets & ors Om Sweets & ors Om Sweets & ors ...... Petitioners Petitioners Petitioners (Orig.Defts) (Orig.Defts) (Orig.Defts) vs vs vs Maganlall Maganlall Maganlall Chikki Products Pvt.Ltd Chikki Products Pvt.Ltd Chikki Products Pvt.Ltd..Respondents Respondents Respondents (Orig.Plaintiff) (Orig.Plaintiff) (Orig.Plaintiff) Dr.V.V.Tulzapurkar Dr.V.V.Tulzapurkar Dr.V.V.Tulzapurkar a/w Mr.Salim Shaikh, Mr.Ramesh a/w Mr.Salim Shaikh, Mr.Ramesh a/w Mr.Salim Shaikh, Mr.Ramesh Gajaria Gajaria Gajaria i/b Gajaria & Co for Petitioner i/b Gajaria & Co for Petitioner i/b Gajaria & Co for Petitioners Mr.Birendra Mr.Birendra Mr.Birendra Saraf i.b. Mr.Madhav Jamdar for Saraf i.b. Mr.Madhav Jamdar for Saraf i.b. Mr.Madhav Jamdar for Respondents Respondents Respondents CORAM CORAM CORAM : S.J.Vazifdar, J : S.J.Vazifdar, J : S.J.Vazifdar, J DATED DATED DATED : 4th April, 2008 : 4th April, 2008 : 4th April, 2008 P.C. P.C. P.C. 1.1.1. By consent, suit is placed on board and By consent, suit is placed on board and By consent, suit is placed on board and heard heard heard finally. finally. finally. 2.2.2. Mr.Saraf seeks leave to withdraw the suit with Mr.Saraf seeks leave to withdraw the suit with Mr.Saraf seeks leave to withdraw the suit with liberty liberty liberty to file a fresh suit on any other cause of to file a fresh suit on any other cause of to file a fresh suit on any other cause of action action action including on the ground of passing off and including on the ground of passing off and including on the ground of passing off and infringement. infringement. infringement. 3.3.3. Suit is allowed to be withdrawn. Suit is allowed to be withdrawn. Suit is allowed to be withdrawn. 4.4.4. There is no need to grant any liberty to the There is no need to grant any liberty to the There is no need to grant any liberty to the plaintiff plaintiff plaintiff to file a fresh suit. to file a fresh suit. to file a fresh suit. The The The plaintiff is always at liberty to do so in plaintiff is always at liberty to do so in plaintiff is always at liberty to do so in respect respect respect of any of the causes of action. of any of the causes of action. of any of the causes of action. Dr.Tulzapurkar, Dr.Tulzapurkar, Dr.Tulzapurkar, learned counsel appearing on behalf learned counsel appearing on behalf learned counsel appearing on behalf of of of the defendants also admits that the plaintiff is the defendants also admits that the plaintiff is the defendants also admits that the plaintiff is entitled entitled entitled to do so. to do so. to do so. 5.5.5. C.R.A. is accordingly disposed of. C.R.A. is accordingly disposed of. C.R.A. is accordingly disposed of.