1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.104 OF 2008 WITH NOTICE OF MOTION NO.1782 OF 2009 IN SUIT NO.104 OF 2008 Mini Muneshwarnath Kaul and another ....Plaintiffs. V/s Sheth Meghji Mathuradas Charity Trust and Ors. .... Defendants. Mr. K.K.V. Kurup for the plaintiffs. Ms. R.D. Vora for defendants. CORAM: V.M. KANADE, J. DATE : 16th October, 2009 P.C.: 1. Counsel appearing on behalf of defendants invited my attention to the Consent Terms which have been filed by parties in the Small Causes Court before the Appellate Bench wherein an undertaking has been given by plaintiff herein to withdraw the suit. 2 2. Present Notice of Motion has been filed by plaintiffs for restoration of the suit which was dismissed. Counsel for defendants has no objection if the Notice of Motion is allowed and, thereafter, the suit is allowed to be withdrawn. 3. Under the circumstances, delay in taking out the Notice of Motion is condoned. The Notice of Motion is allowed and the order of dismissal of the suit dated 1/2/2007 is set aside and the suit is restored to the file. 4. Counsel for the plaintiffs seeks leave to withdraw the suit. Suit is allowed to be withdrawn and disposed of accordingly. 5. Plaintiffs are entitled for refund of court fees in accordance with rules. (V.M. KANADE, J.)