((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4040 OF 2008 IN SUIT NO.2809 OF 2008 Austral Coke & Projects Ltd. and others Plaintiffs versus Gujarat NRE Coke Ltd. Defendants Amit Vyas a/w Mrs.Cynthia Periera i/by Rajani Associates for plaintiffs. Subhash Jha i/by Law Global for defendant no.1 Amruta Joshi i/by Anil Menon & Associates for defendant no.2. Ms.Bemtiza Paes i/by PDS & Associates for defendants 6 and 8. CORAM : A.S.OKA, J. DATE : 05th December 2008 PC : 1. The learned counsel appearing for the first defendant seeks permission to withdraw the Notice of Motion. 2. The learned counsel appearing for the plaintiffs submitted that the statements made in the affidavit dated 7th November 2008 of Mr.Hirak Ghosh are factually incorrect and the plaintiffs have strong objection for the said statements. He submitted that the affidavit ((-2-)) tendered should not be taken on record. 3. The first defendant is seeking unconditional withdrawal of the Notice of Motion. Hence, it is not necessary to go into the objections raised by the learned counsel appearing for the plaintiffs. 4. The Notice of Motion No.4040 of 2008 is accordingly dismissed as withdrawn. It is made clear that no adjudication has been made on the correctness of the statements in the affidavit of Mr.Hirak Ghosh dtd.7th November 2008. (A.S.OKA, J.)