IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO.761 OF 2007 SUMMONS NO.761 OF 2007 SUMMONS NO.761 OF 2007 IN IN IN SUIT SUIT SUIT NO.234 OF 1998 NO.234 OF 1998 NO.234 OF 1998 Pashima Co-op Housing Society Ltd. ...Plaintiffs Versus Subhash Amolakchand Gandhi & Ors. ...Defendants And Ebrahim F. Patanwalla & Ors. ...Applicants Shri D.J.Khambata, Sr Advocate with Shri R.I.Chagla and Shri R.S.Doctor i/b Federal Rashmikant for the original Plaintiffs. Shri R.M.Nakhwa with Vasant Dhawan for the Applicant in support of Chamber Summons. Shri Kishore Jain i/by Tushar Goradia and Bhavik Manek for the Defendant No.1. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : AUGUST 22, 2007. : AUGUST 22, 2007. : AUGUST 22, 2007. P.C.: P.C.: P.C.: 1. The learned senior counsel appearing for the Plaintiffs states that the decree which may be passed in Suit No.234 of 1998 in relation to Plot 6A shall not bind the Applicants. The learned senior counsel for the Plaintiff states that this statement is made without prejudice to the rights of the Plaintiffs to take appropriate proceedings against the Applicants if occasion arises. 2. In view of the aforesaid statements, the learned ... 2 ... counsel for the Applicants seeks permission to withdraw the Chamber Summons with liberty to file appropriate proceedings for establishing the right of the Applicants. 3. Accordingly, Chamber Summons is dismissed as withdrawn with liberty as prayed. All contentions of the parties to this Chamber Summons in the proceedings, if any, which may be filed by the Applicants are expressly kept open. JUDGE JUDGE JUDGE