:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. O.O.C.J. O.O.C.J. ORIGINATING SUMMONS NO. 605 OF 1980 IN SUIT NO. 1520 OF 1980 (O.S.) F.M. Billimoria ....Plaintiffs versus R.A. Gagrat and Ors. ....Defendants Manoj Dalvi i/b. M/s. Banatwala and Co. for the plaintiffs. None for the defendants. CORAM : S.U. KAMDAR, J. DATE : 21ST MARCH, 2005. P.C. : 1. Learned counsel for the plaintiff states that :2: :2: :2: the plaintiff is mentally unfit and a certificate of the N.M. Wadia Institute of Cardiology dated 31.10.2003 is tendered. The same is taken on record. In view thereof he seeks liberty to withdraw the Originating Summons as well as the Suit no. 1520 of 1980. Both the Originating Summons as suit dismissed as withdrawn. There shall be no order as to costs. SD/- *********