1 rma IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. APPEAL NO. 348 OF 2004 IN NOTICE OF MOTION NO.1179 OF 2004 IN SUIT NO. 1172 OF 2004 Nirmal Lifestyle & Ors .. Appellants Vs Lok Housing and Constructions Ltd & Ors .. Respondents Mr. Aarish Dhunjibhoy i/b Wadia Ghandy & Co for the Appellant Mr. Sandeep Aole i/b Udwadia & Udeshi for Respondent no. 1 Mr. Gaurang Mehta for respondent no. 3 CORAM : B.H. MARLAPALLE & SMT. V.K. TAHILRAMANI, JJ. DATE : 1st February, 2010 P.C.: 1. During the pendency of this Appeal, the parties have arrived at an amicable settlement and therefore the Appellant seeks to withdraw the suit i.e Suit No. 1172 of 2004. 2. On behalf of the Plaintiff, Minutes of the order have been signed by the partner of M/s. Wadia Ghandy & Co. and same is the case for the respondent. 3. The Minutes of order are marked as “X” for identification. 8.app348-04 2 4. Hence, Suit No. 1172 of 2004 is dismissed as withdrawn. 5. As the suit stands withdrawn, this Appeal does not survive and the same is dismissed as such. 6. Refund of the Court fees, if any, shall be made as per the Rules. 7. Parties to bear their own costs. [SMT. V.K. TAHILRAMANI, J.] [B.H. MARLAPALLE, J.] 8.app348-04