IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL APPEAL APPEAL FROM ORDER NO. 235 OF 2008 FROM ORDER NO. 235 OF 2008 FROM ORDER NO. 235 OF 2008 WITH WITH WITH CIVIL CIVIL CIVIL APPLICATION NO. 285 OF 2008 APPLICATION NO. 285 OF 2008 APPLICATION NO. 285 OF 2008 M/S. WORK FORCE MEDIA NETWORK ..APPELLANTS V/S THE NATIONAL SPORTS CLUB OF INDIA & ORS. ..RESPONDENTS Mr. Navin Parekh, Sr. counsel a/w Mr. Ramakant Yadav, Advocate, for the appellants. Mrs. Geeta Joglekar, Advocate,for Respondent No.2-BMC. Mr. Kevil Setalwad a/w Mr. D.J. Kokalia i/b M/s. Mulla & Mulla & Craigie Blunt & Caroe, for respondent no.1. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: DATE: DATE: 17th March, 2008. 17th March, 2008. 17th March, 2008. P.C. P.C. P.C. 1. During the discussion at the Bar a question was raised about the tenability of the suit before the City Civil Court as the plaintiff is practically seeking specific performance of the contract though it is not so stated in so many words in the plaint. After some discussion the learned counsel for the plaintiffs - appellants seeks withdrawal of this : 2 : appeal as well as L.C. Suit No. 2417 of 2007 from the trial court with liberty to file fresh suit on the basis of the same agreement before the High Court within 4 weeks from this day. Therefore, the Appeal stands disposed of as withdrawn. The plaintiffs/appellants shall also withdraw the suit from the trial court and shall have liberty to file fresh suit before the High Court in proper form. The ad-interim relief granted by the trial court to the plaintiffs shall continue for a further period of 4 weeks from today. 2. As the Appeal itself is disposed of, the Civil Application does not survive and stands disposed of accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)