IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 770 OF 2009 IN SUIT NO. 464 OF 2009 Inorbit Malls (India) Pvt. Ltd. & Anr. ..... ..... ...Plaintiffs V/s Kolte-Patil Developers Ltd. ... ..... .....Defendant. Dr.V.V.Tulzapurkar, Sr. Adv. I/by M/s.Khaitan & Co. Adv. for the plaintiffs.Ms.J.V.Kanade i/by Mr.G.S.Godbole, Adv. for the defendant. CORAM: A.P.DESHPANDE, J. 21st April, 2009. PC: Learned senior counsel Shri Tulzapurkar appearing for the plaintiff seeks permission to withdraw the notice of motion in view of the statement made in the affidavit in reply filed on behalf of defendant contained in para 4 thereof wherein it is stated that the defendant is not developing the property at Vishrantwadi and the said property is being developed by its owner Pooja Cooperative Housing Society Limited through the developer M/s.Yashowardhan Promoters and Developers Private Limited. In view of the said statement permission is sought to withdraw the notice of motion with liberty to take out appropriate notice of motion against the concerned parties after necessary amendment. Permission to withdraw notice of motion granted with liberty as prayed for. Notice of motion stands dismissed with liberty as prayed for. 21.4.2009.