1 sj85-08.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Summons for Judgment No.85 of 2008 in Summary Suit No.1042 of 2006 Chandresh Jayantilal Shah .. Plaintiff v/s. Krishnakath Shetimal Prakriya Sahakari Sanstha ..Defendants Mr.Priyadarshan Shah for the Plaintiff. None for the Defendants CORAM : R.Y.GANOO, J. DATED : 11th October , 2010 P.C. : 1. In the midst of arguments, learned Counsel for the plaintiff submitted that the plaintiff wants to amend the plaint and for that plaintiff would like to take out Chamber Summons. If this is the submission across the bar, the present Summons for Judgment does not survive and the plaintiff is permitted to withdraw this Summons for Judgment. Hence following Order is passed. ORDER i) At the request of Counsel for plaintiff, Summons for Judgment 2 sj85-08.sxw is allowed to be withdrawn with no order as to costs. If the plaintiff intends to take out application for amendment, plaintiff is free to do so. Suit to come up in usual course. ii) This Summons for Judgment is allowed to be withdrawn as stated earlier in view of the request on the part of the plaintiff that he would like to amend the plaint. If at all the request for amendment is granted, the plaintiff is free to attend to the matter as they may be advised, after the plaint is amended. [R.Y.GANOO, J.]