* 1 * Appeal-342/2008 & Appeal No.396/2008 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 342 OF 2008 IN CHAMBER SUMMONS NO. 1937 OF 2007 IN SUIT NO. 1448 OF 2005 Ramesh Lakhpatarai Aggarwal ....Appellant/Orig.Defd no.6 V/S. Katpadi Krishnarai Kamath & Ors. ....Respondents/Orig.Plaintiff, Orig.Defendant No.1 to 5 & Resp nos.1 and 2 W I T H APPEAL NO. 396 OF 2008 IN CHAMBER SUMMONS NO. 1937 OF 2007 IN SUIT NO. 1448 OF 2005 Harishchandra Anant Panit & Ors. ....Appellants/Orig.Defds no.1 to 5 V/S. Katpadi Krishnarai Kamath & Ors. ....Respondents/Orig.Plaintiff, Orig.Defendant No.6 & 7 & Resp nos.1 and 2 * * * * * 2 * Appeal-342/2008 & Appeal No.396/2008 Mr. Ravi Kadam with Mr. Amit Mehta i/by. Mahimtura & Co., Advocate for the appellants. Mr. Uday Bobde i/by. Mr. P.V. Shah, Advocate for respondent no.1. Mr. Sanjay Jain i/by. Vinod Mistry & Co., adv.for respondent no.7. CORAM : D.K. DESHMUKH, & SMT. R.P. SONDURBALDOTA, JJ. DATED : 13th JULY, 2010. P.C. :- 1. On a Motion made by the learned counsel appearing for the plaintiff, Chamber Summons No. 1937 of 2007 which was taken out by the plaintiff in Suit No. 1448 of 2005 is permitted to be withdrawn with liberty to take out a fresh Chamber Summons seeking appropriate amendment in the plaint. As the Chamber Summons is withdrawn, the order passed by the learned Single Judge on that Chamber Summons which is impugned in these appeals, does not survive for consideration renderring the appeals infructuous. Both the appeals are disposed off as infructuous. 2. It goes without saying that in case the plaintiff takes out a * 3 * Appeal-342/2008 & Appeal No.396/2008 fresh Chamber Summons pursuant to the liberty granted by us, that Chamber Summons shall be decided by the learned Single Judge on its own merits on the basis of the material produced before the learned Single Judge in accordance with law. We have been informed that pursuant to the order impugned in the appeal on the record of the suit, amendment in the plaint has been carried out. The plaintiff shall take steps to remove the amended portion from the plaint within a period of 4 weeks from today. Notice of Motion No. 2896 of 2008 in Appeal No. 342 of 2008 does not survive and stands disposed off. [D.K. DESHMUKH, J] [SMT. R.P. SONDURBALDOTA, J]