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.3548 of 2006. NOTICE OF MOTION NO.3548 of 2006. NOTICE OF MOTION NO.3548 of 2006. IN IN IN SUIT NO.2946 of 2006. SUIT NO.2946 of 2006. SUIT NO.2946 of 2006. Infrastructure Leasing & Financial Services Ltd. ..Plaintiffs versus Vijaya V. Prabhu ..Defendant Mr.Saraf i/b/ M/s. Negandhi Shah & Himayatullah for the Plaintiffs Mr.Vaze for the Defendant CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 1st Oct., 2008. DATED : 1st Oct., 2008. DATED : 1st Oct., 2008. P.C. 1. In the midst of hearing of this motion, learned Advocate for the plaintifs applied for withdrawal of the motion and submitted that the plaintiffs would like to apply for amendment of the plaint, as also would like to take out Summons for Judgment and if need arises, in future would like to make similar application as the one mentioned in the present Notice of Motion. He submitted that he be allowed to withdraw the Notice of Motion with liberty to the plaintiffs to make a fresh application. He submitted that the ad-interim Order passed on 12.10.2006 be continued for a -2- period of eight weeks or so. 2. Learned Advocate Mr. Vaze vehemently opposed the continuing of the ad-interim order as the plaintiffs have not shown their bonafide by not attending to the matter. 3. After having considered the submissions across the bar, I am inclined to allow the plaintiff to withdraw the motion with liberty to take out the appropriate proceeding for the amendment of the plaint, take out summons for judgment and take out application for the similar relief as in the present Notice of Motion in future as and when need arises. In the peculiar facts and circumstances, I am not inclined to saddle the plaintiffs with cost of the motion. To enable the plaintiffs to attend to the motion the ad-interim Order granted to the plaintiffs on 12.10.2008 to be continued till 24.10.2008. Hence the Order. ORDER i. At the request of learned counsel for the plaitiffs the motion is allowed to be withdrawn -3- with no order as to costs. ii. Ad-interim Order dated 12.10.2006 to run against the defendant till 24.10.2008. Liberty granted to the plaintiffs to take out fresh application whatever they want in the interest of plaintiff. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)