: 1 : IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION SUIT SUIT SUIT (Lodg.) NO. 2385 OF 2007 (Lodg.) NO. 2385 OF 2007 (Lodg.) NO. 2385 OF 2007 M/s. Kanta Gul Achhra. ... Plaintiff. V/s. M/s. Vaidehi Akash Housing Pvt.Ltd. & Ors. ... Defendants. Mr. Gautam Ankhad i/b. Ashwin Ankhad & Associates for the Plaintiff. None for the Defendants. CORAM CORAM CORAM : DR. D.Y. CHANDRACHUD,J. : DR. D.Y. CHANDRACHUD,J. : DR. D.Y. CHANDRACHUD,J. 14TH 14TH 14TH DECEMBER 2007. DECEMBER 2007. DECEMBER 2007. P.C. P.C. P.C. :- :- :- . Praecipe of the Plaintiff’s present Advocate dated 11th December 2007 is taken on record. The writ of summons has not been served and issued. 2. In the circumstances, the prayer of the Plaintiff for withdrawal of the suit with liberty to file a fresh suit on the same cause of action is granted. The suit is accordingly dismissed as withdrawn with liberty as prayed. 3. Refund of court fees, if any, as per rules.