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.3589 of 2006. NOTICE OF MOTION NO.3589 of 2006. NOTICE OF MOTION NO.3589 of 2006. IN IN IN SUIT NO.214 of 2006. SUIT NO.214 of 2006. SUIT NO.214 of 2006. Bank of Baroda ..Plaintiff versus K. Mahendran ..Defendant Mr.Dhanura for the Plaintiffs None for the Defendant CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 5th December, 2008. DATED : 5th December, 2008. DATED : 5th December, 2008. P.C. 1. This motion was taken out in the year 2006 was not been served upon the defendant. 2. As the motion was called out the learned Advocate for the plaintiff submitted that sufficient time has lapsed since after the taking out of the notice of motion and that some new facts may required to be taken into consideration by the plaintiffs for putting the plaintiffs case in the proper perspective particularly because this motion was taken out in the year 2006 and has come up for hearing in the year 2008. -2- 3. Learned Counsel for the plaintiff sought liberty to withdraw this motion with liberty to take out fresh motion for the same reliefs based on the facts based in this motion and the facts taken place keeping in view the passage of time i.e. from the year 2006 to 2008. He further submitted that when efforts were made to serve the defendant at the address mentioned in the cause title, defendant could not be traced and that the plaintiff would like to find out new address of the defendant and then press for the motion. 4. Keeping in view the submission, I am inclined to allow the plaintiffs to withdraw this motion with liberty as prayed for. . For the reasons mentioned aforesaid, I pass the following Order: ORDER . Notice of Motion is allowed to be withdrawn with liberty to take out fresh notice of motion for the same reliefs set out in this motion on basis of the facts pleaded in this motion as well as the -3- facts which may be required to be pleaded on account of passage of time i.e. from 2006 to 2008. There shall be no order as to costs. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)