( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION USJ NOTICE OF MOTION NO.3662 OF 2008 IN SUIT NO.1629 OF 1992 Homi Nasarvanji Jamshedji Dady and Anr. ..Plaintiffs V/s. Philips India Ltd. & Anr. ..Defendants ...... Ms. Brigitta John i/by Wadia Ghandy and Co. for Plaintiff No.2 Mrs. Rege i/by Cr.Bayley & Co. for Defendant No.1 Mr. Zoheb Amin i/by M/s. Law Charter for defendant No.2. ...... CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 25th February, 2009 DATED : 25th February, 2009 DATED : 25th February, 2009 P.C.: P.C.: P.C.: 1. The suit came to be dismissed on 16th September, 2008. This motion was taken out for restoration of the said suit by setting aside order dated 16th September, 2008. ( 2 ) 2. Court is informed that plaintiff No.1 has expired before the dismissal of the suit. Plaintiff No.2 is now attending the suit. 3. On such occasion, some discussion has taken place as to whether it may be proper to prosecute the suit keeping in view that the suit pertains to 1080 shares of defendant No.1. 4. Plaintiff No.2 was requested by the Court to consider whether she is interested in the present motion and if the suit is restored and whether it would be gainful for her to do so. 5. Matter was called out today. Learned Counsel for the plaintiff No.2 states that she has instructions as not to prosecute the same and she applied for withdrawal of this motion. Keeping in view, the request made by plaintiff No.2, request can be granted. Hence, the following order. ORDER ORDER ORDER (i) As applied, notice of motion is allowed to be withdrawn with no order to costs. (ii) As the suit is already dismissed, nothing is required to be done hereinafter. ( 3 ) (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)