IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3798 OF 2008 IN SUIT NO.3049 OF 2008 Ramesh Thakkar .. Plaintiff Versus Shree Krishna Hindu Merchants Club & Ors. .. Defendants Mr.Atul Rajadhyaksha, Sr. Counsel a/w Nagendra Dube i/by S.M.Shettigar for the plaintiff. Mr.D.D.Madon, Sr. Counsel i/by V.Deshpande & Co for the defendants. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 25th November 2008. : 25th November 2008. : 25th November 2008. P.C.: . The learned senior counsel appearing for the defendants states that without prejudice to the rights and contentions of the defendants in the pending suit, the 1st defendant has withdrawn the resolution dated 19th August 2008 which is the subject matter of challenge in the suit. He states that the defendants propose to issue a fresh show cause notice to the plaintiff and will thereafter proceed in accordance with law. 2 2. The statement made by the learned senior counsel appearing for the defendants is accepted. In view of this statement, no case is made out for grant of any interim relief. The learned senior counsel appearing for the plaintiff states that he is not pressing the notice of motion in the light of the aforesaid statement made by the learned counsel appearing for the defendants. Accordingly, notice of motion is disposed of as not pressed. All contentions of the parties on merits are kept open. (A.S.Oka,J)