*1* chs.1094.10.ss.966.06.905.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1094 OF 2010 IN SUMMARY SUIT NO.966 OF 2006 Chhaya C. Ghone. ..Plaintiff/Applicant -versus- Kailash Dashrath Borhade. ..Defendant ............ Mr.Abhishek Deshmukh i/by S.A.Sawant, for the Plaintiff. Mr.Bharin Gada i/by Harakchand & Company, for the Defendant. ............ CORAM : S.C.DHARMADHIKARI, J. Date : 07th December, 2011. P.C.: 1 The learned counsel appearing for the Plaintiff apologizes for his absence on the earlier occasion. 2 In the light of this apology, this Chamber Summons is taken up for hearing and final disposal. 3 After attention of the learned counsel appearing for the Plaintiff was invited to the document which is tendered today in the Court and which is stated to be forming a part of the schedule to the Chamber Summons, it was fairly conceded that the said document and the annexture to the suit are identical and therefore, the controversy is covered by the order dated 22.06.2010 passed in Appeal No.173/2007. 4 In view of this, he seeks leave to withdraw this Chamber Summons. Accordingly, the Chamber Summons is allowed to be withdrawn and is dismissed as such. No costs. 5 In the light of the statement made above by the Plaintiff's *2* chs.1094.10.ss.966.06.905.sxw Advocate and in view of withdrawal of the Chamber Summons, the Court is refraining from imposing the costs on the Plaintiff or else this Chamber Summons deserves to be dismissed with heavy compensatory costs. (S.C. Dharmadhikari, J)