: 1 : nms-4940-07=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 4940 OF 2007 IN SUIT NO. 170 OF 2001 Balan Jaywant Sawant .. Plaintiff v/s. The Indian National Press (Bombay) Ltd. & Ors. .. Defendants ......... Ms. Dumita Lewis i/by M/s. Chaturvedi & Associates for the plaintiff Mr. Arif Bookwala, Mr. Prakash Ganwani, Mrs. A.V. Acharya, Ms. Shilpa Baria i/by M/s. Tijoriwala & Co. for defendant nos. 1 to 4. Mr. Shailesh Shah, Ms. Sowmya Srikrishna i/by S.V. Phadke for defendant nos. 7 and 8. Mr. Balan Sawant plaintiff in person. ......... CORAM : R.Y.GANOO, J. DATE : 12th AUGUST, 2010. P.C. : 1. As the motion was taken up for hearing, learned Counsel on behalf of the plaintiff in the presence of plaintiff applies for withdrawal of the motion with liberty to take out appropriate : 2 : nms-4940-07=.sxw proceedings to challenge the decree dated 2nd November, 2004 and for such other reliefs as were sought in the present motion. Learned Counsel for the plaintiff specifically sought order in terms of prayer clause (c) as regards inspection of certain documents. So far as this prayer is concerned, if at all, the plaintiff institute proceedings as suggested earlier, it may be open for the plaintiff to apply for relief similar to the one which is sought in the prayer clause (c). Of course, such prayer shall be considered on the merits of the said proceedings. Hence, the following order is passed. ORDER (i) Motion is allowed to be withdrawn with no order as to costs. (ii) Liberty to the plaintiff to take out appropriate proceedings to seek reliefs which are sought in this motion by way of filing appropriate proceedings is granted. (R.Y.GANOO, J.)