1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1166 OF 1997 A.J. Urunkar and Ors. .. Appellants Vs. The Ratnakar Bank Ltd. .. Respondent Ms.Madhuri Gaikwad i/b Mr.K.V.Tembhe for the appellants Mr.G.V.Bhagwal i/b M/s.Divekar and Co. for the respondents CORAM : J.N.PATEL CORAM : J.N.PATEL CORAM : J.N.PATEL & & & A.A.SAYED, JJ A.A.SAYED, JJ A.A.SAYED, JJ. DATED : 31ST MARCH, 2008 DATED : 31ST MARCH, 2008 DATED : 31ST MARCH, 2008 P.C.: 1. Not on board. Mentioned. 2. The learned counsel for the parties state that as the subject matter of the appeal has been settled between the parties out of court, the appellants do not want to prosecute the appeal. Instructions in writing have been received by the 2 learned counsel for the appellants which is being tendered in the court. The same is taken on record and marked ’X’ collectively for identification. 3. It is submitted by the learned counsel for the parties that as per the settlement whatever amount has been deposited by the appellants in this court pursuant to interim orders passed by this court, is to be withdrawn by the respondent bank. We therefore, direct the Registry to permit the respondent bank to withdraw the amount deposited by virtue of interim orders passed by this court in the present appeal. 4. Appeal is dismissed as withdrawn. The appellant is entitled to refund of court fee as per rules. ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( A.A. SAYED, J ) ( A.A. SAYED, J ) ( A.A. SAYED, J )