- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION. ORIGINAL CIVIL JURISDICTION. ORIGINAL CIVIL JURISDICTION. jmi NOTICE OF MOTION NO.2825 OF 2007 IN SUMMARY SUIT NO.560 OF 1994 Shri Mangilal C. Parmar. ..Plaintiff. vs. Shri S.K. Shetty. ..Defendant. .... Mr.S.S. Dube, for Plaintiff. Mr.Bhupesh Singh, i/b. Diwakar Dwivedi, for Defendant. .... CORAM CORAM CORAM: S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. DATE DATE DATE : 5TH MARCH, 2009 : 5TH MARCH, 2009 : 5TH MARCH, 2009. P.C.: P.C.: P.C.: . By consent, notice of motion is made absolute in terms of prayer clause (a) and suit is restored to file. 2. The learned Advocate for the plaintiff on instructions seeks to withdraw the suit. The suit is therefore, dismissed as withdrawn with no order as to costs. Refund of Court fees as per rules. 3. In view thereof, the notice of motion as well as the suit are disposed of. - 2 - [S.J.KATHAWALLA, [S.J.KATHAWALLA, [S.J.KATHAWALLA, J.] J.] J.]