1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.341 OF 2009 WITH CIVIL APPLICATION NO.412 OF 2009 N.M.Shetty ..Appellant V/s Medical Superintendent, Dr.R.N.Cooper Hospital ..Respondents & anr. Mr.V.S.Kapse and Mr.P.S.Tiwari, Advocate, for the appellant Mr.J.Xavier with Smt.K.K.Soraan, Advocate, for the respondent Nos.1 & 2 CORAM : R.M.SAVANT, J. DATE : 21ST MARCH, 2009 P.C. . The learned counsel for the respondent Nos.1 & 2 Mr.J.Xavier on instructions of Shri Shashikant Raghunath Wadekar, Senior Medical Officer, Dr.R.N.Cooper Hospital, who is personally present in Court makes a statement that the respondents would make the payment of an amount Rs.10,60,000/- to the appellant by 20th April, 2009. The learned counsel for the appellant states that on 2 receipt of the said amount the appellant would vacate the premises in question by 27th April, 2009. In view of the statement made by the learned counsel for the respondents, the learned counsel for the appellant seeks withdrawal of the Appeal from Order. The above Appeal from Order is, therefore, dismissed as withdrawn. 2. The withdrawal of the appeal by the appellant is on account of the statement made by the learned counsel for the respondents. In the event the respondents fail to pay the amount, the appellant would be entitled to take appropriate steps in accordance with law. It is made clear that in the event the appellant fails to vacate the suit premises on receiving the amount or refuses to accept the amount, the respondents would be entitled to take forcible possession by tendering the amount to the appellant. (R.M.SAVANT, J.)