1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2876 OF 2007 IN SUIT NO.4228 OF 1997 Blue Cross Laboratories Ltd. .. Plaintiff Versus Vishu International Ltd. & Ors. .. Defendants Ms.Bharti Narichania i/b. Vibha Juris for defendant No.5. CORAM : S.C.DHARMADHIKARI, J. DATE : 25th November 2008 P.C. . This is a motion by defendant No.5 praying that the suit be dismissed as against him. 2. Copy of the motion is served on the plaintiffs. On the last occasion, plaintiffs’ Advocate sought time to file reply. 2 3. The matter was placed today at the request of plaintiffs’ Advocate. Now plaintiffs’ Advocate states that he has received instructions from plaintiffs to withdraw the suit as against defendant No.5, All Cargo Movers India Pvt.Ltd. 4. In the light of these instructions received by plaintiffs’ Advocate, the suit as against defendant No.5 is dismissed as withdrawn. In the light of dismissal of the suit against defendant No.5, motion does not survive and dismissed accordingly. 5. Needless to state that the suit claim can be proceeded with as against defendant Nos. 1 to 4 and the same will be dealt with and decided in accordance with law as against them. (S.C.Dharmadhikari, J)