1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION NOTICE OF MOTION NO. 3739 OF 2007 WITH SUIT NO. 2764 OF 2007 Rajiv Kishor Mehta. .... Plaintiff. V/s. M/s. A.N. Mehta Investment Pvt. Ltd. And Ors. .... Defendants. ....... Mr. R.N. Bhagattjee for the Plaintiff. Mr. Rafique Dada, Sr. Counsel With Mr. Prateek Saxeria i/b. Little & Co. for Defendant 1, 3 and 4. Mr. P.K. Samdani, Sr. Counsel i/b. Wadia Ghandy & Co. for Defendant 2. Mr. Sanjay Jain i/b. Kishore Thakordas & Co. for Defendants 5 and 6. ........ CORAM : DR. D.Y. CHANDRACHUD, J. 17TH JANUARY 2008. P.C. :- At the hearing of the Notice of Motion Shri Bhagattjee, Counsel appearing on behalf of the Plaintiff has stated before the Court 2 on instructions of the Plaintiff that the Plaintiff desires to withdraw the suit since the Plaintiff intends to file a comprehensive suit dealing with the subject matter of the present suit and other transactions. On the aforesaid request of Counsel, the suit is dismissed as withdrawn. Consequent upon the withdrawal of the suit the ad-interim order which was passed on 31st October 2007 will not survive. However, on the request of Counsel for the Plaintiff, it is clarified that in the event that the Plaintiff files a fresh suit, the rights and contentions of the parties are kept open including the entitlement, if any, of the Plaintiff to urge that any disposition of property is unlawful. All defences are similarly kept open. Both the suit and the Notice of Motion are accordingly disposed of. ------