1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION NOTICE NOTICE NOTICE OF OF OF MOTION NO.1160 OF 2007 MOTION NO.1160 OF 2007 MOTION NO.1160 OF 2007 inin in JUDGE’S JUDGE’S JUDGE’S ORDER ORDER ORDER NO.123 OF 2007 NO.123 OF 2007 NO.123 OF 2007 inin in AWARD AWARD AWARD DT.29/5/2001 DT.29/5/2001 DT.29/5/2001 Babubhai Babubhai Babubhai Thiba Thiba Thiba ...... Plaintiff Plaintiff Plaintiff vs vs vs Rafique Rafique Rafique Sarang Sarang Sarang ...... Defendant Defendant Defendant & Jagdish Jagdish Jagdish Singh Chabra .. Singh Chabra .. Singh Chabra .. Applicant Applicant Applicant Mr.U.Chaurasia Mr.U.Chaurasia Mr.U.Chaurasia for Plaintiff for Plaintiff for Plaintiff Mr.D.D.Singh Mr.D.D.Singh Mr.D.D.Singh for Applicant for Applicant for Applicant CORAM CORAM CORAM : : : A.M.KHANWILKAR, J A.M.KHANWILKAR, J A.M.KHANWILKAR, J DATE DATE DATE : 29th March, 2007 : 29th March, 2007 : 29th March, 2007 P.C. P.C. P.C. 1.1.1. Preliminary objection is raised on behalf of Preliminary objection is raised on behalf of Preliminary objection is raised on behalf of the the the opposite party that the notice of motion for opposite party that the notice of motion for opposite party that the notice of motion for reliefs reliefs reliefs claimed is not maintainable. In view of claimed is not maintainable. In view of claimed is not maintainable. In view of Order Order Order 121 of Bombay High Court (Original Side) 121 of Bombay High Court (Original Side) 121 of Bombay High Court (Original Side) Rules, Rules, Rules, 1980 counsel for the applicant therefore 1980 counsel for the applicant therefore 1980 counsel for the applicant therefore prays prays prays for for for withdrawal of this motion with liberty to withdrawal of this motion with liberty to withdrawal of this motion with liberty to the the the applicant to take out fresh application as may applicant to take out fresh application as may applicant to take out fresh application as may be be be permissible under law. Accordingly, dismissed permissible under law. Accordingly, dismissed permissible under law. Accordingly, dismissed as as as withdrawn with liberty as prayed. withdrawn with liberty as prayed. withdrawn with liberty as prayed. 2.2.2. Counsel for the applicant submits that the Counsel for the applicant submits that the Counsel for the applicant submits that the applicant applicant applicant has has has already taken out substantive Chamber already taken out substantive Chamber already taken out substantive Chamber Summons. Summons. Summons. This order is not an expression of any This order is not an expression of any This order is not an expression of any opinion opinion opinion on the merits of the maintainability or on the merits of the maintainability or on the merits of the maintainability or 2 otherwise otherwise otherwise of the said Chamber Summons. That will of the said Chamber Summons. That will of the said Chamber Summons. That will have have have to be considered on its own merits. List to be considered on its own merits. List to be considered on its own merits. List Chamber Chamber Chamber Summons No.27 of 2007 as per its turn under Summons No.27 of 2007 as per its turn under Summons No.27 of 2007 as per its turn under appropriate appropriate appropriate caption. caption. caption. (A.M.Khanwilkar, (A.M.Khanwilkar, (A.M.Khanwilkar, J) J) J)