NMS453-10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.453 OF 2010 IN SUIT NO.337 OF 2010 Nilesh Nivruti Parkhe .. Plaintiff Versus M/s.Puneet Builders & Anr. .. Defendants Mr.Prasad Das for plaintff Mr.B.G.Tangsali for defendants CORAM : S.C.DHARMADHIKARI, J. DATE : 20th September 2010. P.C.: 1] Mr.Tangsali, learned Advocate appearing for defendants informs that the dispute between plaintiff and defendant is settled out of court. This statement is confirmed by plaintiffs’ Advocate and he seeks leave to withdraw the suit so also this notice of motion. 2] Although only the notice of motion is shown on daily board for withdrawal, by consent of parties, the suit is also taken up on board under the same caption and accordingly, both, the notice of motion and the suit are allowed to be withdrawn and dismissed as such. Refund of court fees NMS453-10 2 as per rules. No costs. 3] At the ad-interim stage, a sum of Rs.10 lakhs has been deposited pursuant to the order dated 23rd March 2010 in this notice of motion. In the light of the settlement between parties, it is agreed that this sum of Rs. 10 lakhs can be withdrawn by the plaintiffs with accrued interest. Accordingly, registry is directed to refund the sum of Rs.10 lakhs with interest accrued to the defendants on production of authenticated copy of this order. (S.C.DHARMADHIKARI, J)