1 37-caw-1376-2011.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1376 OF 2011 IN WRIT PETITION NO.9293 OF 2005 Smt. Shraddha S. Hadkar .. Petitioner. V/s. Smt. Sunita A. Damania .. Respondent. Mr. V. K. Fernandes, for the Petitioner. Ms. Prachi Khandge i/b. M/s. M. P. Vashi & Associates, for the Respondent. CORAM : G.S.GODBOLE, J. DATE : 26th SEPTEMBER, 2011. P.C.: 1 Heard the learned Advocates for the parties. 2 on 30th August, 2011, the following order was passed:- “ Heard Mr. Victor Fernandes, the learned Advocate for the Applicant in the morning session, when the Civil Application was kept back. In the afternoon session, I have again heard Mr. U. G. Kerkar on his request as Counsel appearing on behalf of the Applicant. The hearing of the Application is concluded. On the request of Mr. Kerkar, learned Advocate for 2 37-caw-1376-2011.sxw Applicant passing of the order is deferred for three weeks, to enable Mr. Kerkar to take instructions whether the Applicant would like to withdraw this Civil Application or adopt any other appropriate proceedings. S. O. after three weeks.” 3 On 21st September, 2011, Advocate for the Respondent shown willingness to deposit/ pay a sum of Rs.27,500/- as prayed in prayer clause (a) of the Civil Application without any interest. Hence, by consent, the hearing was adjourned till today. 4 Today, Mr. Fernandes prays for unconditional withdrawal of the Civil Application. Civil Application allowed to be withdrawn and dismissed as such. 5 The learned Advocate for the Respondent states that Respondent is ready to continue to pay the amount to the Applicant. The learned Advocate for the Applicant states that without prejudice to the rights and contentions of the parties, the Respondent may pay the amount by cheque drawn in favour of the Petitioner and forward the cheque to the Advocate for the Applicant. Such cheque would be accepted without prejudice. (G.S.GODBOLE, J.)