1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUIT NO.1123 OF 2008 WITH NOTICE OF MOTION NO.481 OF 2009 IN SUIT NO.1123 OF 2008. S. Thiagarajan. ..Plaintiff. vs. James Edward Machado. ..Defendant. .... Mr. Vinod Kothari, i/b. M/s. Apex Law Partners, for Plaintiff. Mr. James Edwad Machado, Defendant in person. .... CORAM : S.J.KATHAWALLA, J. DATE : 2ND JULY 2009. P.C. The learned Advocate for the plaintiff on instructions seeks to withdraw the suit. The learned Advocate for the plaintiff submits that the Court Receiver be discharged without passing of accounts and the property in possession of the Court Receiver be handed over to the defendant. 2. The defendant is present is Court and undertakes to pay 2 costs, charges and expenses of the Court Receiver. 3. In view thereof, I pass the following order :- (1) The suit is dismissed as withdrawn with no order as to costs. Refund of Court fees as per rules. (2) The Court Receiver appointed by this Court by an order dated 10 th November 2008 stands discharged. (3) The Court Receiver shall hand over possession of the property to the defendant immediately upon payment of the costs, charges and expenses of the Court Receiver by the defendant. 4. Suit is accordingly disposed of. Notice of Motion No.481 of 2009 also stands disposed of. [ S.J.KATHAWALLA, J. ]