- 1 - 35.nms2323.09== skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2323 OF 2006 WITH NOTICE OF MOTION NO. 3826 OF 2006 IN SUIT NO. 1745 OF 2006 Protein Foods and Nutrition Development Association of India ..Plaintiff -Versus- Nitin Virendra Pitale ..Defendant .......... Mr.Ramnek M. Parekh for the Plaintiff. None for the Defendant. .......... CORAM : S.J. KATHAWALLA, J. DATE : 10TH MARCH 2011. P.C. 1 By this suit, the plaintiff has inter alia sought a declaration that the agreement dated 19th December 2000 which was co-terminus with the service of the Defendant with the Plaintiff, is legally and validly terminated vide Plaintiff’s Advocate's letter dated 19th May 2004 and the Defendant has no title or interest to retain possession of the suit premises. The learned Advocate appearing for the Plaintiff submits that in view of the - 2 - 35.nms2323.09== decision of the Hon’ble Full Bench of this Court, it is the Small Causes Court at Mumbai which will have jurisdiction to decide the issue in this suit and not this Court. He submits that the Plaintiff has already filed a suit for the same relief before the Small Causes Court, Mumbai and is therefore desirous of withdrawing the above suit. However, he submits that the ad-interim relief granted by this Court vide order dated 31st August 2006 (Coram : S.J.Vazifdar, J.) be continued for a period of eight weeks by which time the injunction notice of the Plaintiff before the Small Causes Court, Mumbai would be heard. 3 In view thereof, the suit is disposed of as withdrawn. However, ad- interim relief in terms of prayer clause (b) granted by this Court (Coram : S.J.Vazifdar, J.) dated 31st August 2006 in Notice of Motion No.2323 of 2006 shall continue for a period of eight weeks from today. Refund of court fees, if any, as per rules. 4 The Notices of Motion Nos.2323 of 2006 and 3826 of 2006 also stand disposed of. [ S.J. KATHAWALLA, J. ] -