1 SS.1416.08.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 1416 OF 2008 WITH SUMMONS FOR JUDGMENT NO. 233 OF 2008 Mr. Brian Robert Grimwade. ... Plaintiff. V/s. M/s. Lavasa Corporation Ltd. ... Defendants. Mr. Rahul Nerlekar i/b. A.M. Nathani for the Plaintiff. Mr. G.V. Bhagwat i/b. M/s. Divekar & Co. for the Defendants. CORAM : R.Y. GANOO, J. DATED : 22nd NOVEMBER 2010. P.C. :- Learned Counsel for the Plaintiff shows to the Court that amendment has been carried out and re-declared plaint is lodged in the Court and a copy of the same has been given to the other side. He orally prayed for restoration of the Summons for Judgment. In the peculiar circumstances, order dated 15th November 2010 dismissing Summons for Judgment is recalled. In view of this, Summons for Judgment No. 233 of 2008 will have to be taken up for hearing on merits. 2 SS.1416.08.sxw 2. Summons for Judgment No.233 of 2008 is taken up for hearing. The claim of the Plaintiff stands reduced on account of amendment to the plaint. In view of this, the Plaintiff will have to take out fresh Summons for Judgment. Hence, Summons for Judgment No.233 of 2008 is allowed to be withdrawn with no order as to costs with liberty to take out fresh Summons for Judgment. (R.Y. GANOO, J.)