- 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 SUIT SUIT SUIT NO.870 OF 1983 NO.870 OF 1983 NO.870 OF 1983 G.G.Chhabria ...Plaintiff vs. A.K.Movies and others ...Defendants Mr.C.D.Patel i/b M/s.Ranjit & Co. for the plaintiffs Ms V.K.Desai i/b Desai & Desai for the defendants CORAM CORAM CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : DECEMBER 1,2008 : DECEMBER 1,2008 : DECEMBER 1,2008 P.C.: P.C.: P.C.: 1. None appears for the plaintiffs. The counsel for the 1st defendant is present. On 24th November 2008, none had appeared for the plaintiffs. Therefore, today, the suit is listed udner the caption of dismissal. 2. As none apeas for the plaintiffs, suit is dismissed for non prosecution. Mentioned at 3.00 p.m. 3. On the oral prayer made by the learned counsel for the plaintiffs, the order of dismissal in default passed in the morning session is recalled and the suit is restored. 4. The learned counsel appearing for the plaintiffs seeks - 2 - permission to withdraw the suit. The suit is dismissed as withdrawn. 5. The plaintiffs will be entitled to refund of court fees, if any, as per the rules. 6. Certified copy is expedited. JUDGE JUDGE JUDGE