1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1267 OF 2008 IN SUMMARY SUIT NO. 1902 OF 2007 Commercial Art Engravers Pvt.Ltd. .. Plaintiff versus Tony Valecha .. Defendant ... Mr.S.M. Gorwadkar with Mr.Sanjay Krishnan & Ms.Harshada Rane for the plaintiff. Mr.H.V. Chande for defendant. CORAM : D.G. KARNIK, J DATED : 23rd April 2009 P.C.: 1. Heard. 2. By this Chamber Summons, plaintiff is praying for leave to withdraw the suit or alternatively to grant him permission to carry out 2 amendment in the plaint. 3. The principal prayer is for the withdrawal of the suit and alternate prays is for the amendment. Learned counsel for the defendant has no objection for granting the principal prayer for withdrawal of the suit. 4. By consent, Chamber Summons is allowed. Defendant is permitted to withdraw the suit with liberty to file fresh suit on the same cause of action. It is clarified that this permission would not prevent the defendant to raise the plea of limitation, if applicable.. (D.G. KARNIK, J)