1IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2043 OF 2006 Sai Sales Infotech, through its Prop. Kishore Hansrajani ..... Plaintiff V/s. M/s.Serveen Contractors & Anr. .... Defendants Mr.Vivek Kantawala i/by Vivek Kantawala & Co., for the plaintiff. CORAM: R.Y.GANOO, J. DATED: 14th JANUARY, 2009. P.C. 1. Yesterday, the arguments in the suit were over. Today, before I take up the matter for judgment, I have pointed out certain points to the learned counsel for the plaintiffs and after hearing those points, the learned counsel submitted that he would like to withdraw the suit with a liberty to file fresh suit with proper averments and on reconsideration of the entire matter. It appears that plaintiffs are required to be granted this liberty considering the fact that averments in Para No.7 speak of the suit on the basis of dishonour of cheques which are to the tune of Rs.26,000/- and odd amount and that in the particulars of claim, a sum of Rs.75,000/- and odd amount are claimed. It is apparent that there is inconsistency in the case put up in Para 7 and the final decree 2 which is sought. It appears that there is some confusion at the time of approaching the Court. In my view, in the peculiar facts & circumstances, to protect the interest of the plaintiffs, I am inclined to grant this request. Hence, the order. ORDER 1. As applied, the suit is allowed to be withdrawn with no order as to costs, with liberty to file a fresh suit on proper averments after considering the entire case on merits. 2. Refund of court fee is granted as per rules. 3. Office is directed to return original documents tendered in the Court by the plaintiffs along with the evidence affidavit to the Advocate for the plaintiffs after following the normal procedure. ( R.Y.Ganoo, J. )