1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1684 OF 2009 IN SUMMONS FOR JUDGEMENT NO. 44 OF 2008 IN SUMMARY SUIT NO.370 OF 2008 Building Diagnostics & Solutions .. Plaintiff versus Yogi Tower Co-op. Housing Soc.Ltd. .. Defendant ... Mr.Shamim i/b Shamim & Co. for the plaintiff Mr.Dinesh P. Parmar for the defendant in support of Notice of Motion. CORAM : D.G. KARNIK, J DATED : 10th June 2009 P.C:- 1. This Notice of Motion is taken out by the defendant for setting aside the ex-parte decree passed in a summary suit. On objections being raised by the plaintiff about the maintainability of the notice of motion, defendant has taken out chamber summons no.772 of 2009 for the same 2 purpose. In view of this, the defendant-applicant seeks leave to withdraw the notice of motion no.1684 of 2009 with liberty to prosecute the chamber summons no.772 of 2009. Plaintiff has no objections for the same. 2. Notice of Motion no.1684 of 2009 is allowed to be withdrawn with liberty to prosecute chamber summons no.772 of 2009. (D.G. KARNIK, J)