1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 2094 OF 1982. Metallica Works Ltd. & ors. : Plaintiffs. Versus Bhartiya Arogya Nidhi & ors. : Defendants. Ms.Neeta V. Parekh for the Plaintiffs. Shri.C.D.Patel i/by Kanga & Co. for the Defendants. CORAM : R.M.SAVANT, J. DATED : OCTOBER 20, 2008 P.C. 1. The above suit has been restored to file by an order passed in the Notice of Motion No.3396 of 2008 today. The learned counsel appearing for the Plaintiffs submits a Draft Amendment for amending the cause title of the Plaint so as to substitute the name of the Plaintiff No.1 from Mettalica Works Ltd to Mettalica Industries Ltd in terms of the Certificate of Incorporation dated 16/1/1987 issued by the Registrar of the Companies. 2 2. The learned counsel Shri C.D. Patel appearing for the Defendant No.1, which is a trust, has no objection to the Plaintiffs being permitted to amend the Plaint. 3. The learned counsel for the Plaintiffs is, therefore, allowed to amend the cause title of the Plaint forthwith and also carry out the same amendment in the copy of the Plaint already served upon the Defendant No.1. 4. The learned counsel Shri C.D. Patel, appearing for the Defendant No.1, on instructions, states that the Defendants have no objection to the Plaintiffs' withdrawing the amount which is lying in deposit with the learned Prothonotary and Senior Master pursuant to the order dated 9/12/1988 with accrued interest thereon. He further states that the Defendants would be satisfied if the learned counsel appearing for the Plaintiffs makes a statement that on such withdrawal the Plaintiffs have no claim against the Defendants. 3 5. The learned counsel Ms.Neeta Parekh, appearing for the Plaintiffs, in the light of the aforesaid statements made on behalf of the Defendant No.1, seeks withdrawal of the above suit and further makes a statement that after withdrawal of the amount lying in deposit with the learned Prothonotary and Senior Master with accrued interest, the Plaintiffs would have no claim against the Defendants. 6. The statements of both the counsel are accepted. The above suit is dismissed as withdrawn. It is recorded that the Plaintiffs would have no claim against the Defendants on being permitted to withdraw the amount lying in deposit with the learned Prothonotary and Senior Master with accrued interest. Refund of Court fees, if any, as per rules. [R.M.SAVANT, J]