FARAD FARAD FARAD CONTINUATION SHEET No. CONTINUATION SHEET No. CONTINUATION SHEET No. IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE. SIDE. SIDE. APPEAL APPEAL APPEAL FROM ORDER NO. 811 OF 2004. FROM ORDER NO. 811 OF 2004. FROM ORDER NO. 811 OF 2004. ------------------------------------------------------------- Office Notes,Office : Memoranda of Coram, : Court’s or Judge’s orders appearnaces,Courts’s : orders or directions : and Registrar’s orders. : ------------------------------------------------------------ NOT NOT NOT ON BOARD: ON BOARD: ON BOARD: Shri V.S. Kapse with A.J.Kenjale for the appellant. Shri J.Xavier for respondent No.1- BMC. Shri Bharat Chaudhari with Deepak Chitnis for respondent Nos.2 to 4. CORAM: CORAM: CORAM: V.C.DAGA,J. V.C.DAGA,J. V.C.DAGA,J. DATED: DATED: DATED: 13-9-2004. 13-9-2004. 13-9-2004. P.C.: P.C.: P.C.: . During the cours of hearing learned Counsel for the appellant filed purshis dated 13.9.2004 stating therein that he may be allowed to withdraw the suit pending in the City Civil Court, Bombay, with liberty to approach appropriate forum. 2. Accordingly, appellant is allowed to withdraw S.C. Suit No.4233 of 2004 pending in the City Civil Court, Bombay, with liberty to approach appropriate forum as may be permissible in law, keeping all rival contentions open. 3. Appellant undertakes to produce copy of this order before the trial Court so as to enable it to pass a formal order showing dismissal of the suit as withdrawn with no order as to costs. 3. Parties to act on copy of this order duly authenticated by the Court Associate/P.A.