: 1 : IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION SUIT SUIT SUIT NO. 3055 OF 2007 NO. 3055 OF 2007 NO. 3055 OF 2007 WITH WITH WITH NOTICE NOTICE NOTICE OF MOTION NO. 4182 OF 2007 OF MOTION NO. 4182 OF 2007 OF MOTION NO. 4182 OF 2007 Dilip Hiralal Doshi. ... Plaintiff. V/s. Om Sai Co-Op Hsg. Society Ltd. ... Defendant. Mr. Arif Y. Bookwala, Sr. Counsel with Mr. Raj Patel i/b. M.P. Patel for the Plaintiff. Mr. R.C. Shah with Mr. Satyen Vora i/b. M/s. Markand Gandhi & Co. for the Defendant. CORAM CORAM CORAM : DR. D.Y. CHANDRACHUD,J. : DR. D.Y. CHANDRACHUD,J. : DR. D.Y. CHANDRACHUD,J. 08TH 08TH 08TH JANUARY 2008. JANUARY 2008. JANUARY 2008. P.C. P.C. P.C. :- :- :- . At the hearing of the motion for interlocutory relief, a preliminary objection was raised to the maintainability of the suit on the ground that the notice which was furnished to the Defendant under Section 164 of the Maharashtra Co-operative Societies Act, 1960 was confined to a claim for damages and there was no claim for specific performance which is now sought to be urged in the suit. : 2 : 2. In view of this objection, Mr. Bookwala, learned Senior Counsel appearing on behalf of the Plaintiff states that the Plaintiff seeks to withdraw the suit with liberty reserved to adopt appropriate proceedings in accordance with law, after the service of a fresh notice. 3. Counsel appearing on behalf of the Plaintiff further states that at the present stage, the Plaintiff is not seeking the extension of the ad-interim order in view of what is stated in paragraph 7 of the letter dated 21st May 2006 (Exhibit ‘L’). 4. On the oral request of the learned Counsel, the Suit has been taken on board and is dismissed as withdrawn with liberty reserved as prayed. There shall be a refund of Court fees, if any, in accordance with rules. 5. In view of the withdrawal of the Suit, Notice of Motion 4182 of 2007 does not survive and is accordingly dismissed as infructuous. -----