: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3313 OF 2009 IN SUIT NO.2336 OF 2009 Rikki Ronie Developers & Ors. .. Plaintiffs v/s. Walter Ramand Patel & Ors. .. Defendants ......... Mr. A.N. Jakhadi with A.A. Kumbhakoni for the plaintiffs Mr. Chirag Balsara i/by A.D. Thorat for defendant nos.1,2,3,8,24 and 25. Mr. Raju Subramanium i/by RMG Law Associates for defendant nos.9 to 18 Mr. Arif Bookwalla i/by Glenn Mendonca for defendant nos. 4 to 7, 19 to 21, 26 to 29. ......... CORAM : R.Y.GANOO, J. DATE : 19TH APRIL, 2010. P.C. : 1. As the motion was taken up for hearing, learned Counsel appearing on behalf of the plaintiffs submits that order dated 2nd December, 2009 passed by this Court in Writ Petition No.2024 of 2009 (O.O.C.J.) adequately protects the interest of the plaintiffs. He submits that in view : 2 : of the order dated 2nd December 2009, plaintiffs do not wish to press the aforesaid notice of motion and plaintiffs seek liberty to take out a fresh notice of motion for reliefs sought in this motion or such other reliefs as may be found necessary in future, if there is any change in the situation with reference to the rights of the plaintiffs. In view of the aforesaid, following order is passed so as to dispose of the notice of motion. 2. The notice of motion is allowed to be withdrawn with liberty to take out a fresh motion for the reliefs sought in this motion or such other reliefs as may be necessary, if there is any change in the situation which is prevailing as of today. There shall be no order as to costs. 3. If the plaintiffs take out a fresh motion as per the liberty granted aforesaid, they shall give 72 hours notice to the defendants before moving such application for ad-interim reliefs. No views are expressed on the merits of the matter. True copy of the order dated 2nd December, 2009 tendered by learned advocate for the plaintiffs is taken on record. [R.Y.GANOO, J.]