1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.86 OF 2007 IN SUIT NO.1336 OF 1991 John Alex D sa & Anr. .. Plaintiffs versus Daniel Menezes & ors. .. Defendants ... Mr.A.S.Doctor i/b Kanga & C o. for the applicants. Ms.K.R.Chandarana i/b M.Humranwala for the defendants CORAM : D.G. KARNIK, J DATED :30th June 2009 P.C:- 1. This Chamber Summons has been taken out by the applicant for reimbursement of the expenses incurred by them in defending the suit no.120/198 of 1998 in the Small Causes Court. On being asked whether the applicants had obtained leave of the court or of the receiver for defending the suit or for incurring expenditure for the defence, learned counsel for the applicant, states that there is no record 2 of having obtained such a leave. It appears that the expenses were incurred by the applicant without obtaining a leave of the court or receiver for incurring the expenditure for defending the suit. 2. In view of the fact that there is no record with the applicant of having incurred the expenditure after obtaining the necessary leave, learned counsel for the applicant seeks leave to withdraw the chamber summons with liberty to apply again in the event the applicants had obtained proper leave to incur expenditure for defending the suit. Leave to withdraw granted. 4. Chamber Summons is disposed of as withdrawn with liberty as above. (D.G. KARNIK, J)