( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.125 OF 2008 NOTICE OF MOTION NO.125 OF 2008 NOTICE OF MOTION NO.125 OF 2008 IN IN IN PETITION NO.585 OF 1992 PETITION NO.585 OF 1992 PETITION NO.585 OF 1992 IN IN IN SUIT NO.76 OF 1993 SUIT NO.76 OF 1993 SUIT NO.76 OF 1993 Swaranjit Birendershingh Chimni ...Plaintiff V/s. Mahijit Singh ...Defendant Mr.T.G. Vora i/b. M/s.Tamhane & Co. for the Plaintiff. . Mr.Rajeev Ravi i/b. M/s.Bilawala & Co. for the CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 24th November, 2008. DATED : 24th November, 2008. DATED : 24th November, 2008. P.C.: P.C.: P.C.: . Learned Advocate for the plaintiff applies for withdrawal of this Notice of Motion on the ground that affidavit in support of the Notice of Motion has not been properly affirmed. Learned Advocate for the plaintiff applies for withdrawal of this Notice of Motion with liberty to take out fresh Notice of Motion by completing all the formalities. 2. As applied, the Notice of Motion is allowed to be withdrawn. Liberty as prayed for is granted. 3. There shall be no order as to costs. ( 2 ) (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)