: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3396 OF 2009 IN SUIT NO.2439 OF 2009 Bharat L. Harwani .. Plaintiff V/s. Anshi Gursahani .. Defendants & Ors. ..... Mr. Pravin Samdani a/w. Simil Purohit, Manshi Doshi, and Mrs. Azmil Irani i/by Vimadalal & Co. for the plaintiff Mr. Jaquim Reis a/w. Mrs. Molina Thakur for the defendants ..... CORAM : S.C. DHARMADHIKARI, J. DATE : 23rd SEPTEMBER, 2009. P.C. : 1. After the matter was argued for some time, both sides agree that the Notice of Motion can be disposed off by passing following order. ORDER a) The defendants and more particularly Khar Gymkhana will allow the plaintiff to contest the election of the post of President of the Club on the basis of nomination paper submitted by him. : 2 : b) The defendants shall include the name of the plaintiff as contesting candidate for the post of President of the Club and will modify their notices accordingly. c) In other word, now, there will be a contest for the post of President between defendant No.9 and the plaintiff, there shall be no other candidates in the fray except these persons. d) The plaintiffs would be allowed to canvass for the votes at the ensuing election but there will be no change in the election programme. e) The ballot papers and notices so also other related record of the club to stand modified in the aforesaid terms. Original files returned to the defendants. Notice of motion is disposed off. In view of the above, place the suit for withdrawal on 29th September, 2009. (S.C. DHARMADHIKARI, J.)