: 1 : nms-822-10=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 822 OF 2010 IN SUMMARY SUIT NO. 778 OF 2007 M/s. S.R. Logistics .. Plaintiff v/s. S.V. Choudhary & Ors. .. Defendants ......... Mr. Ajay K.J. Panicker for the plaintiff Mr. P.V. Nichani for defendants in support of NMS ......... CORAM : R.Y.GANOO, J. DATE : 8th DECEMBER, 2010 P.C. : 1. The motion was posted today for orders as the hearing of learned Counsel on both sides was over on the earlier occasion. As the matter was called for dictation of the judgment, learned Counsel appearing for the defendants applies for withdrawal of this motion. He also seeks liberty to adopt appropriate proceedings to protect the interest of the defendants. Learned Counsel Mr. Panicker objects to grant of said liberty. Learned Counsel Mr. Panicker also prays for costs. Heard learned Counsel on both sides on the question of costs as well as : 2 : nms-822-10=.sxw liberty. 2. Since the defendants want to withdraw this motion, Court cannot stop them. Accordingly, defendants are permitted to withdraw the motion. Defendants to pay to the plaintiffs costs of Rs.5,000/- towards this motion. Cost condition precedent for further proceedings, if they are adopted by the defendants. Liberty as sought by the defendants is not required. It is always open for the litigants to adopt appropriate proceedings to protect their interest. It is clarified that I have not expressed any views on the merits of the matter. (R.Y.GANOO, J.)