1 nms97-10 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.97 OF 2010 IN SUIT NO.4083 OF 2000 M/s.Deepak Arts ..Plaintiff. Versus John Furtado & Others ..Defendants. Mr.Pranav Sampat i/by Thakore Jariwala & Associates for the plaintiff. Mr.Munir Merchant for defendant Nos.1 and 2. CORAM : R.Y. Ganoo, J. DATE : 23rd August, 2011. P.C. : 1. Learned Advocate for defendant Nos.1 and 2 informed the Court that defendant No.1 has expired in the month of March 2011. Since this Notice of Motion is directed against defendant No.1, this Notice of Motion cannot proceed. Learned Advocate for the plaintiff applies for withdrawal of this Notice of Motion, with liberty take out appropriate proceedings similar to the one taken out herein, if at all a case is made out against the legal heirs of defendant No.1 and if at all they are brought on record. 2. The Notice of Motion is allowed to be withdrawn with liberty as prayed. There shall be no order as to costs. (R.Y. Ganoo, J.)