1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 370 OF 2009 IN SUIT NO. 2583 OF 2004 Govindlal Motilal Panchal ........Plaintiff versus Bank of India & ors........Defendants. Mr. C.K. Pendse i/b. Jyoti Chavan adv. for the Plaintiffs Mr. B.N. Jacob i/b. O.A. Das adv. for the Defendant no.1. CORAM: A. P. DESHPANDE, J. DATED : 06th MAY, 2009. P.C.: 1. By the present chamber summons the legal heirs of the plaintiff are seeking to bring them on record in place of the deceased plaintiff. The plaintiff expired during pendency of the suit and hence the present chamber summons has taken out. There is some delay in filing the chamber summons, hence a prayer for condonation of delay as well is made. The learned counsel for the defendant has no objection for allowing the chamber summons. In the result for the reasons stated in the chamber summons the same is allowed. Delay is condoned. Abatement is set aside. L.Rs. Of the deceased plaintiff are 2 permitted to be brought on record. Chamber summons stands disposed of. (A. P. DESHPANDE, J.) 3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 2583 OF 2004 Govindlal Motilal Panchal ........Plaintiff versus Bank of India & ors........Defendants. Mr. C.K. Pendse i/b. Jyoti Chavan adv. for the Plaintiffs Mr. B.N. Jacob i/b. O.A. Das adv. for the Defendant no.1. CORAM: A. P. DESHPANDE, J. DATED : 06th MAY, 2009. P.C.: 1. The learned counsel for the newly brought on record plaintiffs, who are legal representatives of the deceased plaintiff, seeks permission to withdraw the suit. Permission granted. Suit is dismissed as withdrawn. Plaintiff shall be entitled to refund of court fees as permissible under the rules. (A. P. DESHPANDE, J.)