- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION SUIT SUIT SUIT NO.3174 OF 1989 NO.3174 OF 1989 NO.3174 OF 1989 Jayesh Engineering Works ...Plaintiffs vs. Podar Company Ltd. ...Defendants Ms Jyoti Mistry i/b Ms Bhadra Dalal for the plaintiffs Ms Bharati Laskar for the defendants CORAM CORAM CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : NOVEMBER 26,2008 : NOVEMBER 26,2008 : NOVEMBER 26,2008 P.C.: P.C.: P.C.: 1. The learned counsel appearing for the plaintiffs seeks permission to withdraw the suit. The suit is dismissed as withdrawn. 2. The plaintiffs will be entitled to refund of court fees, if any, as per the rules. 3. Certified copy is expedited. 4. It is made clear that notwithstanding the disposal of the suit, the parties will be liable to pay the cost and charges to the Court Commissioner appointed for recording of evidence. JUDGE JUDGE JUDGE