*1* s.1515.10 kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.1515 OF 2010 with NOTICE OF MOTION NO.1816 OF 2010 Jayashree S. Dhage. ..Plaintiff -Versus- Suresh A. Gonbhare and another. ..Defendants .......... V.M.Bhate, for the Plaintiff. T.J.Gohil, for the Defendant No.1. S.R.Bagade i/b S.P.Thorat, for the Defendant No.2. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 25th October, 2010. P.C. 1 The Plaintiff's Advocate states that on account of technical reasons he has received instructions to withdraw the suit with liberty to file a fresh suit. 2 The learned counsel appearing for the Defendant No.1 states that liberty to file a fresh suit should not be given because this Court has observed at the ad-interim stage itself that the Plaintiff has not made out a prima facie case. 3 In my view, the objections raised cannot be sustained. Hence, leave to withdraw the suit with liberty to file a fresh suit on the same cause of action is granted. 4 This suit is dismissed as withdrawn with liberty as aforesaid. Refund of the Court fees as per rules. No costs. 5 The Notice of Motion does not survive and the same is also disposed of. 6 This order is passed in presence of the Plaintiff. (S.C. Dharmadhikari, J)