IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.729 OF 2008 IN SUIT NO.2127 OF 1988 UNION BANK OF INDIA ..PLAINTIFFS VS. GULATI & CO. .. DEFENDANTS None for Plaintiffs Mr. C.D.Patel i/b Mr. Vivek Sharma for Defendants CORAM: DR. D.Y.CHANDRACHUD, J DATE : 27TH AUGUST, 2009 P.C. 1. The Chamber Summons has been taken out for permission to the Defendants to withdraw an amount deposited by the Defendants. Counsel for the Defendants has drawn the attention of the Court to a praecipe dated 26th February, 1990, addressed to the Prothonotary and Senior Master, recording that a Demand draft of Rs.52,000, drawn in favour of the Prothonotary and Senior Master, in pursuance of an order dated 26th February 1990, passed by a Learned Single Judge was being deposited. Counsel for the Defendants states that, on 22nd December 2005, the suit was withdrawn by the Plaintiffs. The Copies of the praecipe and of the order of the court permitting withdrawal of the suit are annexed at Exhibit 1 and 2 to the Affidavit in support. 2. On the previous date of hearing the attention of the court was drawn to the order dated 9th December 2003 in Appeal No.906 of 2003, which records in paragraph 8, that the amount was deposited. This has been also checked from the original ledger book by the Court Associate. In these circumstances, there is no reason as to why the relief sought in the chamber Summons should not be granted. The Plaintiff has withdrawn the suit. The money deposited with the Prothonotary and Senior Master will have to be permitted to be withdrawn by the Defendants. The Chamber Summons is made absolute in terms of prayer clause (a). The Chamber Summons is disposed of accordingly. (Dr. D.Y.Chandrachud, J)