ssm sm sm 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 APPEAL APPEAL APPEAL (LODGING) NO.37 OF 2008 (LODGING) NO.37 OF 2008 (LODGING) NO.37 OF 2008 IN IN IN SUIT SUIT SUIT NO. 948 OF 1990 NO. 948 OF 1990 NO. 948 OF 1990 Narayandas Mathuradas ...Appellant. (Orig.Deft.No.4) Versus Mr.Jethalal Ravji & Ors. ...Respondent. (Org.Plaintiffs) Mr.Mihir Desai i/by Mr.Sagar Talekar for the Appellant. Ms.Yogini Gada i/by M/s. Harakchand & Co. for Respondent Nos. 1 to 3. CORAM CORAM CORAM : S.B.MHASE & : S.B.MHASE & : S.B.MHASE & R.V.MORE, R.V.MORE, R.V.MORE, JJ. JJ. JJ. DATED DATED DATED : 22ND AUGUST, 2008 : 22ND AUGUST, 2008 : 22ND AUGUST, 2008. P.C. P.C. P.C. 1. Mr.Desai, the learned counsel for the appellant submits that he may be allowed to withdraw this Appeal with liberty to approach the Single Judge by following the appropriate procedure. 2. We do not observe anything in this respect. We make it clear that, whether such procedure is permissible or not is not dealt with by this Court. At his own risk, the learned counsel may follow this ( 2 ) procedure which is contemplated in his mind and in case any Notice of Motion or Chamber Summons is filed by the Appellant, the Single Judge to consider it on its own merits without being influenced that this Court has permitted the Appellant to follow such procedure. In these circumstances, the Appeal is allowed to be withdrawn. 2. The Appeal is, accordingly, disposed of as withdrawn. (R.V.MORE, (R.V.MORE, (R.V.MORE, J.) J.) J.) (S.B.MHASE, (S.B.MHASE, (S.B.MHASE, J.) J.) J.)