*1* s.2180.10.nms.3000.10.903 kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2180 OF 2010 WITH NOTICE OF MOTION NO.3000 OF 2010 SBI Global Factors Ltd.. ..Plaintiff -Versus- K.V.K. Chanakya and others. ..Defendants .......... Mr.Chirag Balsara a/w Mr.P.Das, Amol Arote i/b Goenka Law Associates, for the Plaintiff. Mr.Pesi Mody a/w Mr.Ashwin Thod i/b Joby Mathew and Deepak Dhane, for the Defendants. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 16th December, 2010. P.C. 1 This matter was placed before me for ad-interim relief. On instructions, Mr.Balsara, learned counsel appearing on behalf of the Plaintiff, states that the Plaintiff is desirous of withdrawing the suit with liberty to file a fresh suit. To enable the Plaintiff to do so and to have protection of the property which is stated to be equitable mortgaged, the order passed by this Court in Arbitration Petition No.702/2010 dated 24.08.2009 be continued further. 2 As far as withdrawal of the suit is concerned, Mr.Mody, learned counsel appearing on behalf of the contesting Defendants, submits that this Court does not have territorial jurisdiction to entertain and try the suit. Mr.Mody submits that when such an objection is raised and pressed in service, the course of withdrawal is adopted. He submits that as far as withdrawal is concerned, it is a matter between the Plaintiff and the *2* s.2180.10.nms.3000.10.903 Court but under any circumstances if the order dated 24.08.2009 is directed to be continued that will seriously prejudice the contesting Defendants particularly when the said order has not been continued beyond 14.12.2010 by the learned Single Judge when His Lordship permitted withdrawal of the Arbitration Petition on 15.11.2010. 3 After hearing both sides at some length, in my view the request made by the Plaintiff to withdraw the suit cannot be refused. Therefore, the present suit is allowed to be withdrawn and is dismissed as such, with liberty to file a fresh suit. However, contentions with regard to jurisdiction, limitation, maintainability and merits of both sides are kept open. Refund of the Court fees as per rules. No costs. 4 To enable the Plaintiff to file a fresh suit and seek appropriate ad-interim and interim order, it is directed that the order dated 24.08.2009 passed in Arbitration Petition No.702/2010 will continue till 14th January, 2011 after which date it will stand vacated without further reference to the Court. 5 In the light of disposal of the suit, the Notice of Motion does not survive and the same is also disposed of. (S.C. Dharmadhikari, J)