1 NMS2287.08.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2287 OF 2008 IN SUIT NO. 3492 OF 2005 Sanjay Agarwal. ... Plaintiff. V/s. M/s. Beekalene Fabrics (P) Ltd. & Anr. ... Defendants. Mr. A.B. Dubey i/b. M/s. Bharat Vaishnava & Co. for the Plaintiff. Mr. Sandeep Parikh i/b. India Law Alliances for the Defendants. CORAM : R.Y. GANOO, J. DATED : 15th JULY 2010. P.C. :- Learned Counsel for the Plaintiff applies for withdrawal of this Motion with liberty to take out appropriate proceedings. Learned Counsel for the Defendants submits that the Defendants were madet to face this Motion proceedings since 2008 and overnight the Plaintiff wants to withdraw it. He prayed for reasonable costs. Request for costs is fair. 2 NMS2287.08.sxw 2. Hence, following order is passed :- (i) Motion is allowed to be withdrawn. (ii) The Plaintiff to pay to the Defendants costs at Rs. 3,000/-. Costs to be paid on or before 16th August 2010. Costs condition precedent. 3. No liberty is required to be granted. The Plaintiffs are free to file appropriate proceedings in accordance with law. 4. The Suit to come up in usual course. (R.Y. GANOO, J.)