IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 655/1999 Bank of Mahrashtra Plaintiff Vs. M/s Sunshine Enterprises & ors . .... . Defendants None for the plaintiff Shri.H.V.Chande for the defendants CORAM :A.P.Deshpande,J. DATED : 18th June, 2008 P.C. 1] On 28th April,2008 the counsel for the plaintiff was absent . With the assistance of the counsel for the defendants issues were framed and the plaintiff was directed to file the affidavit of examination in chief of its witnesses today. Today neither the affidavit is filed nor the counsel is present. The learned counsel for the defendants placed on record communication dated 21st March,2006 addressed to M/s Multi Metal Works by the Chief Manager of the plaintiff Bank which is taken on record and marked for identification as X . The said communication reveals that the drawer of the bill of exchange had entered in to settlement with the plaintiff bank and had agreed to pay sum of Rs.80,000/- towards full and final settlement of 2 the bank's claim . Yet the another communication issued by the Chief Manager dated 27th March,2006 is placed on record which is taken on record and marked for identification as X1 . It goes to clarify that M/s Multi Metal Works has paid Rs.80,000/- towards full and final settlement of their dues. The present defendants are the drawee of the bill of exchange . Condition no.3 in the communication dated 21st March,2006 reads thus :- ''After recovery of the full compromise amount, the suit proceedings against your firm as well as that against the drawee M/s Sunshine Enterprises will be withdrawn.'' The counsel for the defendants submits that defendant no.1 M/s Sunshine Enterprises is the partnership firm and defendants no.2 and 3 are the partners of the said firm . He submits that on account of payment of sum of Rs.80,000/- by the drawer of the bill of exchange to the plaintiff bank the claim of the plaintiff bank against the present defendants stands satisfied rendering the suit infructuous . In the result accepting the statement made by the learned counsel for the defendants the suit stands dismissed as infructuous. On account of non prosecution also the suit stands dismissed. (A.P.Deshpande,J.)