1 909.sj-44-08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUMMONS FOR JUDGMENT NO. 44 OF 2008 IN SUMMARY SUIT NO. 370 OF 2008. Building Diagnostics & Solutions. ..Plaintiff. vs. Yogi Tower Co-operative Housing Soc. Ltd. ..Defendant. .... Mr. S. Shamim, i/b. Shamim & Co., for Plaintiff. Mr. A. Abdi, i/b. Abdi Wagh & Co., for Defendant. .... CORAM : S.J. KATHAWALLA, J. DATE : 15TH APRIL 2011. P.C. : The learned Advocate appearing for the Plaintiff seeks to withdraw the Suit with liberty to file a fresh Suit after issuing notice to the Registrar under section 164 of the Maharashtra Co-operative Societies Act, 1960. As regards the Law of Limitation applicable to the fresh Suit though the Plaintiffs shall be at liberty to rely upon Section 14 of the Limitation Act the issue whether Section 14 of the Limitation Act would be applicable shall be decided on its own merits after the fresh is filed. 2. The Suit is accordingly disposed of. Refund of Court fees, if any, as per Rules. The Summons for Judgment also stands disposed of. [ S.J. KATHAWALLA, J. ]