1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR MCA NO. 1126 OF 2008 IN FIRST APPEAL NO. 690 OF 2004 (State Bank of India vs. Rajendra Sales Agency & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. FEBRUARY 05, 2009. Heard Shri M. Anilkumar, learned counsel for the applicant/ appellant. The prayer is to restore First Appeal No. 690 of 2004 which has been dismissed on 9.1.2007. There was delay in moving MCA and this Court has vide order dated 17.9.2008 condoned that delay. For the reasons given in the application and also in the order while condoning delay, the application for restoration is allowed. The order dated 9.1.2007 is recalled and First Appeal No. 690 of 2004 is hereby restored back to file. FIRST APPEAL NO. 690 OF 2004 Taken up at the request of the learned counsel for the appellant. The learned counsel for the appellant informs that he has instructions to withdraw the 2 first appeal because the matter has BEEN already compromised. The attention is invited to letter dated 1.8.2008 given by the Branch Manager of Ner Branch of State Bank of India to Advocate Nitin Dave of Yavatmal. The attention is also invited to the fact that the respondents in First Appeal on 15.9.2008 filed a pursis to that effect pointing out that the application for condonation of delay then pending was required to be rejected as settled out of Court. The copy of said pursis dated 15.9.2008 signed in original by the learned counsel for respondents No. 1 & 3 is produced before the Court for perusal. In view of the pursis as filed and the original letter dated 1.8.2008 produced before the Court, it is apparent that the dispute is amicably settled between the parties out of Court. First Appeal is allowed to be withdrawn. Rule discharged. No order as to costs. The registry to refund the Court fee as per Rules. JUDGE *GS.