1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR W.P.No. 39/2008 Aditya Engineers Pvt. Ltd. vs. Maharashtra State Electricity Distribution Company Ltd. and another. ------------------------------------------------------------------------------------------------------------------ Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. ----------------------------------------------------------------------------------------------------------------- CORAM : A.P.LAVANDE, J DATE : 4.9.2008 Heard Mr. Khapre, learned counsel for the petitioner. By this petition the petitioner challenges order dated 1.12.2007 passed by the 2nd Joint Civil Judge, Sr.Dn., Chandrapur in Special Civil Suit No. 160/1995 by which the application for amendment of the plaint filed by the petitioner who is plaintiff in the said suit has been dismissed. Mr. Khapre upon taking instructions from the petitioner states that leave be granted to withdraw the application for amendment with liberty to file fresh application for amendment with further direction that the fresh application would be decided in accordance with law. Mr. Moharir, learned counsel for the respondents opposes the prayer for withdrawal of the application for amendment. Considering the facts and circumstances of the case the petitioner is allowed to withdraw the application dated 24.3.2007 filed by the petitioner subject to payment of costs of Rs. 1000/- to the respondents. The costs shall be deposited in 2` the trial court with liberty to the respondents to withdraw costs after it is deposited. Consequently, the impugned order dated 1.12.2007 is set aside. In case the petitioner chooses to file fresh application for amendment of the plaint the trial court shall decide the same in accordance with law uninfluenced by the observations made in the impugned order. The petition stands disposed of accordingly. Judge patle