IN THE HIGH COURT JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.37 of 2010 IN CHAMBER SUMMONS NO.1705 OF 2008 IN SUIT NO.3382 OF 2007 M/s.Hari Shree Enterprises. ...Appellant vs. 1.M/s.Vikas Housing Ltd. & ors. ...Respondents --- Mr.Rohit Kapadia, Sr.Advocate i/b. Nitin H.Shukla,for Appellant. Mr.D.D.Madan, Sr.Advocate with Mr.B.B.Saraf i/b. Y.N.Adhiya, for Respondent no.1. Mr.N.N.Bhadrashetye, for Respondent no.2. --- CORAM: D.K.DESHMUKH & SMT.R.P.SONDURBALDOTA,JJ. DATED: 9th June, 2010 P.C.: 1. On a motion made by the learned Counsel appearing for appellant, chamber summons no.1705 of 2008 is permitted to be withdrawn. As the chamber summons is withdrawn, order dated 19.3.2009 passed on that chamber summons by the learned Single Judge of this Court, does not survive for consideration, rendering this appeal infructuous. The appeal is, therefore, disposed of as infructuous. 2. It is clarified firstly that the order dated 19.3.2009 which is challenged in the appeal is not set aside by us on merit, but it has been set aside because the appellant who had taken out the chamber summons on which that order was made, has withdrawn the said chamber summons. It is further clarified that the appellant shall be at liberty to take out a fresh chamber summons claiming same reliefs after obtaining necessary authority and documents. All the contentions available to both the sides are kept open. The appeal is disposed of. (D.K.DESHMUKH,J.) (SMT.R.P.SONDURBALDOTA,J.) ...