: 1 : s-1367-08=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1367 OF 2008 Babulnath Rajmayur Co-op. Housing Society & Anr. .. Plaintiffs v/s. Brihan Mumbai Municipal Corporation & Ors. .. Defendants ......... Ms. F.A. Dhanani i/by M/s. Dhruve Liladhar & Co. for plaintiff no.2 Mr. V.A. Thorat, Sr. Advocate with Chandra Naik for defendant nos. 8 and 9. Mr. B. Shroff i/by Mehul Shah for defendant nos. 6 & 7. ......... CORAM : R.Y.GANOO, J. DATE : 27st SEPTEMBER,2010. P.C. : 1. The present suit was filed by plaintiff no.1 i.e. a Co-operative Society and plaintiff no.2 was joined in his capacity as a Chairman of the said society. It is noted that subsequently plaintiff no.2 tendered his resignation as a Chairman of the said Society. Consequently, his status as a Chairman of the Society as a plaintiff came to an end. When this was pointed out to the learned Counsel for the plaintiffs on the last occasion, he had sought time for withdrawal of the suit. Today learned Counsel for the plaintiffs applies for withdrawal of the suit with liberty to file a fresh suit in the personal capacity of plaintiff no.2. : 2 : s-1367-08=.sxw 2. I have no difficulty in passing of the order of withdrawal of the suit however, liberty sought by plaintiff no.2 to file a separate suit need not be granted. It is open for plaintiff no.2 to attend to the matter as he may be advised. In view of this following order is passed. ORDER (i) Suit is allowed to be withdrawn with no order as to costs. Liberty as prayed for is granted. (ii) It is open for the plaintiff no.2 to attend to the matter in accordance with the provisions of law. Refund of Court fee is granted as per Rules. (iii) Notice of Motion No.2580 of 2010 is allowed to be withdrawn in view of withdrawal of the suit. There shall be no order as to costs. (iv) Chamber Summons No.763 of 2010 is allowed to be withdrawn in view of withdrawal of the suit. There shall be no order as to costs. (v) Notice of Motion No.2318 of 2008 taken out by the plaintiffs is also allowed to be withdrawn with no order as to costs in view of withdrawal of the suit. (R.Y.GANOO, J.)