1 mss NMS4129 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 4129 OF 2009 IN SUMMARY SUIT NO. 35 OF 2008 M/s. V. P. & BROTHERS. .. PLAINTIFFS Vs. M/s. P.N.R. SPINNING MILLS PVT. LTD... DEFENDANTS Mr. Lalan Gupta i/b M/s. Dhruve Liladhar & Co. for the plaintiffs Mr. L. S. Desai i/b Pallavi Divekar for defendants CORAM: S.C.DHARMADHIKARI, J. DATED: 5/12/2011 P.C. At the hearing of this notice of motion which is moved by the defendants to set aside ex parte order in this summary suit, the plaintiffs’ advocate produces a letter dated 5th December, 2011 addressed to the plaintiffs’ advocates stating therein that the plaintiffs would not like to proceed with the case and treat the issue as closed. 2. In the light of this written instruction, the plaintiffs’ advocate states 2 mss NMS4129 that the suit itself may be allowed to be withdrawn and instead of the ex parte order passed in the suit, the request as made today, be substituted “by consent of parties”. 3. In the light of the request made by the plaintiffs and noting the contents of the letter dated 5th December, 2011, the suit is allowed to be withdrawn and stands disposed of as such. No order as to costs. 4. Refund of fees as per the rules. 5. The order dated 29th February, 2008 decreeing the suit shall stand substituted with this order. A copy of the letter dated 5th December, 2011 is taken on record and marked “X” for identification. (S. C. DHARMADHIKARI, J.)