: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2343 OF 2008 NOTICE OF MOTION NO.2343 OF 2008 NOTICE OF MOTION NO.2343 OF 2008 IN IN IN SUIT NO.2746 of 1992 SUIT NO.2746 of 1992 SUIT NO.2746 of 1992 Mont Blanc Co-operative Housing Society Ltd. & Anr. .. Plaintiffs. Versus Mont Blanc Properties & Industries Limited .. Defendants. Mr.Cyrus Ardeshir i/b.Hariani & Co. for plaintiffs. Mr.Chetan Kapadia a/w.Ms.Radhika Kalpatrai i/b.P.K.Shroff for defendants. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATE : 1st August, 2008. DATE : 1st August, 2008. DATE : 1st August, 2008. P.C. :- P.C. :- P.C. :- 1. Affidavit in rejoinder in Motion No.2343 of 2008 is taken on record. Learned Advocate appearing for defendants applies for withdrawal of this Motion with liberty to taken out fresh motion for relief sought in this motion as well as for such other reliefs as may be : 2 : found necessary to attend to order dated 17.6.2008 wherein the Court had passed an order as follows :- "Suit to proceed without written statement against the defendants". 2. Since liberty is sought, I am inclined to grant liberty. Hence the order :- O R D E R O R D E R O R D E R a) Motion is allowed to be withdrawn with liberty to file fresh motion seeking reliefs asked in this motion as well as to seek reliefs in order to attend to order dated 17.6.2008 wherein it is ordered "Suit to proceed without written statement against the defendants". b) In the facts and circumstances of the case, there shall be no order as to costs. 3. Suit is set down for directions on 14.8.2008. (R.Y. GANOO,J.) (R.Y. GANOO,J.) (R.Y. GANOO,J.)