:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.163 OF 2004 OF MOTION NO.163 OF 2004 OF MOTION NO.163 OF 2004. IN IN IN Misc. Misc. Misc. Petition NO.33 OF 1999. Petition NO.33 OF 1999. Petition NO.33 OF 1999. SICOM Ltd. ..Petitioners. VERSUS. Sanjay G. Agarwal & Ors. ..Respondents. **** M.P. Rege for the plaitniff. P. V. Shah for the decree holder. K.K. Shroff with A. Amin i/b B. Amin for Plaintiff No.1 in support. A. S. Khandeparkar i/b D. L. Ransros for defendant Nos. 2 & 3. Coram: Coram: Coram: V.M.KANADE, J. V.M.KANADE, J. V.M.KANADE, J. Date: Date: Date: 11th August, 2004. 11th August, 2004. 11th August, 2004. P.C. 1. Learned counsel appearing on behalf of the respondent seeks permission to withdraw this notice of motion. He submits that affidavit in reply was filed by the plaintiff and certain documents were brought on record which reveal that there would be a conflict of the interest between the respondent No. 1 and respondent Nos. 2 & 3. Respondent Nos. 2 & 3 have also filed separate notice of motion. It is submitted :2: :2: :2: that there would be a conflict of interest between the respondent No.1 on the one hand and respondent Nos. 2 & 3 on the other hand. He submits that he may be permitted to withdraw this notice of motion which is a composite notice of motion filed on behalf of the respondent Nos. 1 to 3. He further seeks liberty to file a separate notice of motion. Plaintiff submits in the present notice of motion affidavit in reply has been filed and thereafter rejoinder and surrejoinder have been filed and the respondents may not be permitted to withdraw this notice of motion as it would cause serious prejudice to the plaintiff. In my view, the respondent No.1 may be permitted to withdraw this notice of motion on payment of cost which is quantified at Rs.2,000/- (Rs.Two thousand only) with a liberty to take out fresh notice of motion. (V.M.KANADE,J.) (V.M.KANADE,J.) (V.M.KANADE,J.) /2004/C.