mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.76 of 2009 IN SUMMARY SUIT NO.2325 of 2006 Essar Graphics (India) .. Plaintiff versus Shruti Innerwear & Anr. .. Defendants ... Mr.V.P. Amin i/b M/s.B.Amin & Co. for the plaintiff. Mr. S.R.Mishra for the defendants. CORAM : D.G. KARNIK, J DATED :20th July 2009 P.C:- 1. In view of the fact that grounds for setting aside of a decree under Order 37 Rule 4 are not even been pleaded and the motion is taken under the belief that it is under Order 9 Rule 13 of the Code of Civil Procedure, learned counsel for the plaintiff seeks leave to withdraw the motion with liberty to apply afresh. Leave granted. Motion is allowed to be withdrawn with liberty to file fresh motion subject to law of limitation. (D.G. KARNIK, J)