1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1646 OF 2009 WITH NOTICE OF MOTION NO. 3613 OF 2009 WITH NOTICE OF MOTION NO.3614 OF 2009 IN SUIT NO.2408 OF 2009 Mr.Shyam Nichani & ors .. Plaintiffs -versus The National Sports Club of India and ors .. Defendants Vibhav Krishna i/b JURIS CONSILLIS for the plaintiffs. Pradeep Bhakru, D. J. Kakalia, i/b Mulla & Mulla for defendant Nos 5 & 6. CORAM: S. C. DHARMADHIKARI, J. DATED:5 th December, 2009. P.C. 1. When the attention of Shri. Krishna was invited to the schedule to the Chamber Summons which enlisted the proposed amendment, in all fairness, he seeks withdrawal of the Chamber Summons as also the suit No.2408,2009 with liberty to file fresh suit against not only the original Defendants but all such parties which are mentioned in the Schedule. 2. Leave to withdraw suit No.2408 of 2009 is granted with liberty to file fresh suit not only on the same cause of 2 action but also with regard to the others that are set out in the Schedule to this Chamber Summons and by impleading such parties as are enlisted therein or otherwise. All the contentions and objections of both sides are kept open. 3. In the light of withdrawal of the suit itself, the Chamber Summons No.1646 of 2009 and the Notices of Motion do not survive and stand disposed of accordingly. 4. The ad interim orders to continue for a period of six weeks. 5. No order as to costs. (S. C DHARMADHIKARI, J)