1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUIT NO.92 OF 2007 WITH NOTICE OF MOTION NO.225 OF 2007 Procter & Gamble Hygiene and Health Care Limited and another ..Plaintiffs. Vs. R.K. Udyog ..Defendant. .... Mr. Nishad Nadkarni i/b DSK Legal for the Plaintiffs. None for the Defendant. ..... CORAM: DR. D.Y. CHANDRACHUD, J. 26th February, 2008. P.C. : Counsel appearing for the Plaintiffs states that the writ of summons has not been served since the Defendant is not traceable at the last known address. In the circumstances, a request is made before the Court for the withdrawal of the suit with liberty to institute fresh proceedings as and when it becomes necessary to do so in the event that the address of the Defendant is located. The suit is accordingly dismissed as withdrawn. In the circumstances of the case, however, liberty is granted to the 2 Plaintiffs to institute a fresh suit in the same cause of action. There shall be a refund of Court fees, if any, as per the rules. In view of the disposal of the Suit, the Notice of Motion does not survive and is accordingly dismissed as not pressed.