1 32 S.B. CIVIL FIRST APPEAL NO.427/2005. Union Bank of India Vs. M/s Kansara Bearing Ltd. & Anr. Date of Order :: 4th July 2008. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. Rameshwar Chouhan, for the appellant. Mr. Neeraj Jain for Mr. Anjay Kothari, for the respondent No.1. ..... BY THE COURT: Though the matter has been listed in default category for the appellant having not filed the copy of newspaper in relation to the notices supposed to be advertised for the respondent No.2; however, it is stated by the learned counsel Mr. Rameshwar Chouhan appearing for the appellant and learned counsel Mr. Neeraj Jain appearing for the plaintiff- respondent No.1 that the matter has already been settled between the parties and the concerning account has been squared-up and no lis as such survives. Learned counsel for the appellant seeks permission to withdraw the appeal as nothing further is required to be done in the matter and prays that in the circumstances of the case, the court fees as paid in this appeal may be ordered to be refunded. Learned counsel for the appellant has referred to 2 the order passed by this Court on 13.04.2005 in the case of Punjab & Sindh Bank Vs. M/s Janta Flour & Rice Mills & Ors. :S.B. Civil First Appeal No. 97/2000. Although this appeal was admitted for consideration on 18.11.2005 but looking to the facts that the matter has remained pending for service and before the matter was ripe for hearing, the parties have stated to have settled out; and further looking to the substantial court fees paid by the appellant Bank in the sum of Rs. 40,100/-, this Court is of opinion that interest of justice shall be served if the appellant Bank is permitted to withdraw and 50% of the court fees is ordered to be refunded. The appeal is, therefore, dismissed as withdrawn. 50% of the amount of court fees paid in this appeal may be refunded to the appellant Bank. No costs. (DINESH MAHESHWARI ), J. Mohan/