1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 3066 OF 2009 WITH NOTICE OF MOTION NO. 4112 OF 2009 Medley Pharmaceuticals Ltd. ... Plaintiff. V/s. Trugen Pharmaceutical Pvt. Ltd. and Anr. ... Defendants. Mr. Ashish Kamat i/b. Bharat Shah and Co. for the Plaintiff. Mr. Sanjeev S. Hariakar for Defendants 1 and 2. CORAM : R.Y. GANOO, J. DATED : 7th APRIL 2010. P.C. :- The learned Advocate Mr. Kamat applies for withdrawal of the Suit with liberty to file a Suit on passing off action. 2. This Suit is allowed to be withdrawn with liberty as prayed for. There shall be no order as to costs. Refund of Court fees granted as per Rules. 3. Notice of Motion No. 4112 of 2009 is allowed to be withdrawn with no order as to costs. (R.Y. GANOO, J.)