IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1156 of 2006. NOTICE OF MOTION NO.1156 of 2006. NOTICE OF MOTION NO.1156 of 2006. IN IN IN SUIT NO.1046 of 2006. SUIT NO.1046 of 2006. SUIT NO.1046 of 2006. M/s. Solid Foods Pvt. Ltd. ..Plaintiffs versus Special Recovery Officer & Others ..Defendants Mr.Devendra Sharma for the plaintiffs Ms.Madhuri Gaikwad i/b. K.V.Tembe for the Defendant No.2 Ms. Vijaya Mistry for the Defendant No.3 CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 17th January, 2009. DATED : 17th January, 2009. DATED : 17th January, 2009. P.C. 1. In the midst of hearing of this Notice of Motion, on account of the stand taken by defendant No.2 question arose whether suit is bad for want of notice under Section 164 of the Maharashtra Co-operative Societies, Act, 1946. 2. Learned Counsel Mr. Sharma appearing on behalf of the plaintiffs submitted that the plaintiffs be permitted to withdraw the suit with liberty to file fresh suit after giving notice under Section 164. He further pointed out that -2- some protection has been granted to plaintiffs pursuant to the ad-interim order dated 17.4.2006 in the motion and that the said protection be continued for some time, keeping ina view the fact that the notice period is of two months. 3. The request of the learned Counsel Mr. Sharma is fair and that plaintiffs can be granted liberty to withdraw the suit and do the needful only after giving notice under Section 164 of the said Act. Hence the Order. ORDER . As applied, the suit is allowed to be withdrawn with liberty to file fresh suit after giing the notice under Section 164 of the Maharashtra Co-operative Societies Act. . It is hereby ordered that ad-interim order presently running against the defendants passed in Motion No.1156 of 2006 shall continue to operate against the defendant till 30.4.2009. . It is clarifed that no views are expressed -3- on merits of the matter. . In view of the aforesaid matter, Notice of Motion No.1156 of 2006 is disposed of with no order as to costs. . Liberty is granted to the plaintiffs to apply for appropriate reliefs in the new suits which may be filed by them. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)