1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3813 OF 2009 IN SUIT NO.2327 OF 2009 India Cements Capital Limited Plaintiff versus Prakash Chand Jetmalji Jain Defendant Mr.Kamal Khata i/by A.S.Khan & Associates for plaintiff. Mr.Rajesh Jain i/by Legal Juris for defendant. CORAM : S.J.KATHAWALLA, J. DATE : 7th February 2011 PC : 1. In view of the directions given by this Court vide order dated 1st February 2011, the defendant is present in person. He has informed the Court that he had purchased the flat which was purportedly mortgaged to the plaintiff some time in the year 1995, for Rs.5.00 lakhs and in the year 1999 has sold the said flat to M/s.Arihant Builders for a sum of Rs.7.50 lakhs. He had received part of the said consideration by cheque and the balance in cash. In view of this statement, the learned advocate for the plaintiff is at present, not pressing for the reliefs claimed in the Notice of Motion and seeks to withdraw the Notice of Motion with liberty to file a fresh Notice of Motion, if so advised. The Notice of Motion is therefore disposed of as withdrawn with liberty as sought. (S.J.KATHAWALLA, J.)