hvn IN THE HIGH COURT OF JUDICUATURE AT MUMBAI ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1346 OF 2010 IN APPEAL NO. 166 OF 2009 IN ARBITRATION PETITION NO. 374 OF 2004 Maharashtra State Electricity Distribution Company Limited and Ors. ... Appellants Versus M/s. Datar Switchgear Co. and Ors. ... Respondents Mr. Vikas Singh, Sr. Advocate with Mr. P.P. Chava, Mr. Abhishek Khare and Ms. Amrita Narayan i/by Khare Legal Chambers for the Appellants. Mr. C.S. Balsara with Mr. Mukul Tally and Ms. Swati Deshpande i/by S. Mohamedbhai & Co. for Respondents. CORAM : F.I. REBELLO & A.A. SAYED, JJ. DATED : MAY 03, 2010 P. C.: This is a motion taken out by the appellants to initiate proceedings for perjury committed by Mr. Rajan Datar Respondent No. 4. The Motion is supported by the affidavit of Mr. R.G. Shaikh. The only averments in the affidavit are that the motion is based on information derived from the Advocates/Counsels for the appellants. Considering the formal defect, the learned counsel seeks leave to withdraw the motion with a liberty to take out fresh motion. Motion dismissed as withdrawn with a liberty as prayed for. The counsel for the appellant prays for costs. In our opinion, no case made out. Application for costs rejected. (A.A. SAYED,J.) (F.I. REBELLO,J.)