: 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.4169 OF 2006 NOTICE OF MOTION NO.4169 OF 2006 NOTICE OF MOTION NO.4169 OF 2006 IN IN IN SUMMONS FOR JUDGEMENT NO.277 OF 2006 SUMMONS FOR JUDGEMENT NO.277 OF 2006 SUMMONS FOR JUDGEMENT NO.277 OF 2006 IN IN IN SUMMARY SUIT NO.1309 OF 2006 SUMMARY SUIT NO.1309 OF 2006 SUMMARY SUIT NO.1309 OF 2006 Manthanath Philipose Varghese .. Plaintiff. Versus Anil Kumar Nambiar .. Defendant. Mr.B.M.Yadav for the plaintiff. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATE : 13th October, 2008. DATE : 13th October, 2008. DATE : 13th October, 2008. P.C. :- P.C. :- P.C. :- 1. In the midst of the hearing of the notice of motion, learned Advocate for the plaintiff applies for withdrawal of the motion by contending that the defendant has not filed written statement pursuant to order dated 21.8.2006 and as such, the plaintiff will take that order : 2 : to its logical end. 2. The plaintiff can be permitted to withdraw the motion without accepting the statement of the learned Advocate for the plaintiff that defendant has not filed the written statement. 3. As applied, the motion is allowed to be withdrawn with no order as to costs. The statement made by learned Advocate for the plaintiff that the defendant has not filed written statement cannot be accepted. It is for the plaintiff to attend to the matter as per the procedure. (R.Y. GANOO,J.) (R.Y. GANOO,J.) (R.Y. GANOO,J.)