: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 326 OF 2010 Ashok Kumar Maheshwari .. Plaintiff v/s. Vishal Kumar Maheshwari & Ors. .. Defendants ........ Mr. B.H. Vyas for plaintiff Ms. Manisha Vikhare i/by Vigil Juris for defendant nos.1 and 2. Mr. Manoj B. Nair with V. Bhaskaran for defendant no.3. ........ CORAM : R.Y.GANOO, J. Dated : 15th March, 2010. P.C. : 1. Learned advocate for the plaintiff states that statutory notice under Section 164 of the Maharashtra Co-operative Society Act has been issued on 30th December, 2009 and plaintiff wants to institute a fresh suit for the reliefs which are asked in this suit after having complied with the furnishing of statutory notice. He prayed for continuation of ad-interim : 2 : reliefs in terms of prayer clauses (b) and (c) of Notice of Motion No.123 of 2010. The request is fair. In view of this, following order is passed so as to dispose of the suit. ORDER (i) Suit is allowed to be withdrawn with liberty to file a fresh suit for the reliefs, which are asked in this suit. There shall be no order as to costs. (ii) Ad-interim reliefs granted in terms of prayer clauses (b) and (c) on Notice of Motion No.123 of 2010 to continue till 26th April, 2010. As and when plaintiff files a fresh suit, he should make out a case for asking ad-interim reliefs in the Notice of Motion. There shall be no order as to costs. (iii) 2/3rd refund is granted. [R.Y.GANOO, J.]