1 s(l) 3154-10.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Suit (L) No. 3514 of 2010 Haresh Ramchandani .. Plaintiff v/s. The Municipal Commissioner & Ors. ..Defendants Mr.P.J.Thorat with R.V.Misar i/b. Mahomedbhai & Co, for the Plaintiff. Not on board. Taken on board. CORAM : R.Y.GANOO, J. DATED : 23rd December , 2010 P.C. : 1. Learned Counsel for the plaintiff wanted to apply for leave under Order 2 Rule 2 of CPC. As the matter was called out learned Counsel for the plaintiff submitted that plaintiff would like to withdraw the present suit and would like to file a fresh suit with appropriate averments and appropriate reliefs. 2. I am inclined to grant such a request made by the plaintiff permitting him to withdraw the suit with liberty as prayed for. However, I am inclined to impose cost of Rs.1000/- for filing this suit, which on the basis of the averment and the plaint and prayers could not have been 2 s(l) 3154-10.sxw filed in this court. In view of this, following order is passed to dispose of this suit. ORDER i. Suit is allowed to be withdrawn. Plaintiff to pay token cost of Rs.1000/-. (Rupees One Thousand Only). ii. Cost to be paid to the High Court Legal Services Committee. Iii. Liberty to file fresh suit with appropriate averments and for appropriate reliefs is granted. iv. Refund of Court fees is granted as per rules. v. Office shall prepare refund voucher only on satisfying that cost of Rs.1000/- has been paid. vi. In view of this, Judges Order No.378 of 2010 is disposed of with no orders as the suit is disposed of. [R.Y.GANOO, J.]