IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1048 OF 2007 IN SUIT NO.3411 OF 1986 Union of India ..... Plaintiffs V/s. Scindia Steam Navigation Co. Ltd. & Ors. .... Defendants None for the plaintiffs. Mr.S.S.Dwivedi, for defendant No.3. Ms.Preeti Shah i/by Mulla & Mulla, for defendant No.2. CORAM: R.Y.GANOO, J. DATED: 16th JANUARY, 2009. P.C. 1. This notice of motion is taken out to have written statement intended to be filed by defendant No.2 on record. In this motion, National Insurance Company is shown as defendant No.3. Whereas, on record, one finds that National Insurance Co. is shown as Plaintiff No.2 on the basis of the order dated 24-01-1994. The amendment is already carried out and National Insurance Co. is shown as Plaintiff No.2. If this be so, this notice of motion is not in the proper format. 2. On hearing this, the learned counsel for the for defendant No.2 applies for withdrawal of the motion with a liberty to take out fresh notice of motion in a proper format. Hence, the order. ORDER 1. The notice of motion is allowed to be withdrawn with liberty to file fresh notice of motion based on the positions of the parties as it is appearing after the amendment i.e. National Insurance Co., as plaintiff No.2. 2. There shall be no order as to costs. 3. If the defendant No.2 applies for certified copy of the plaint as it stands duly amended, the Office shall supply copy of the same as expeditiously as possible. ( R.Y.GANOO, J. )