1 Ash FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2919 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri Mahesh Menon i/by Mahesh Menon & Co. for the Petitioner. Shri A.C. Tamhane i/by M/s. Tamhane & Co. for the Respondent No.1. -- CORAM : A.S.OKA, J. DATE : 29TH APRIL, 2010 P.C.: . Heard learned counsel appearing for the Petitioner and the learned counsel appearing for the 1st Respondent. 2. The learned counsel appearing for the Petitioner on instructions states that the Petitioner desires to delete Prayer (aa) in the Plaint. The statement is accepted. In view of the said prayer (aa), by the impugned order dated 4th March, 2010, the Petitioner was directed to value the suit 2 in accordance with Section 6(iv)(ha) of the Bombay Court Fees Act, 1959. On deletion of prayer (aa), the impugned order will become inoperative. The learned counsel appearing for the 1st Respondent states that as a consequence of deletion of prayer clause (aa), the Petitioner be directed to delete the name of the 2nd Defendant. The learned counsel appearing for the Petitioner states that the Petitioner desires to prosecute the suit as against the 2nd Defendant. 3. Hence, the Writ Petition is disposed of by passing the following order :- (a) In view of the prayer made by the learned counsel appearing for the Petitioner, the prayer clause (aa) of the Plaint is permitted to be deleted. (b) The Trial Court will permit the Petitioner to carry out amendment to the Plaint accordingly. In view of deletion of the prayer clause (aa) of the Plaint, the impugned order dated 4th January, 2010 3 is quashed and set aside. It is clarified that the relevant part of the order dated 19th November, 2009 directing the Petitioner to pay Court Fees in accordance with Section 6(iv)(ha) of the Bombay Court Fees Act, 1959 also stands set aside. (c) All contentions of the parties on the merits of the pending suit are expressly kept open. (d) The Writ Petition is disposed of in above terms. (A.S.OKA, J)