1 SJ.127/2009 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 127 OF 2009 IN SUMMARY SUIT NO. 333 OF 2009 Dhirajlal J. Sanghvi (H.U.F.) . ..Plaintiff. Vs. M/s Speciality Polymers Pvt. Ltd. ..Defendant. ---- Mr. Sunil Chaturvedi, for the Plaintiff. Mr. H.H. Nagi, for the Defendant. --- CORAM: S.C. DHARMADHIKARI, J. DATED : 1 st SEPTEMBER, 2010. P.C. 1] Shri Nagi, learned Advocate appearing on behalf of the defendant produces a letter dated 30.8.2010 addressed by defendant to him in which a proposal is made that the amount deposited in this court by the defendant (i.e. Rs.7,48,800/-) can be withdrawn by the plaintiff, but, that should be full and final settlement of claims of the plaintiff. Further, the plaintiff should withdraw the proceeding under section 138 of Negotiable Instruments Act, 1881. 2] Shri Chaturvedi, learned Advocate appearing on behalf of the plaintiff states that he has received instructions from the plaintiff to the effect that the plaintiff is agreeable to this proposal, and they would 2 SJ.127/2009 withdraw the proceedings under section 138 of Negotiable Instruments Act, 1881. 3] In view of the above, the suit and the Summons for Judgment are disposed of by granting liberty to the plaintiff to withdraw a sum of Rs. 7,48,800/- deposited in this Court with accrued interest. 4] Withdrawal be permitted on production of authenticated copy of this order. Further, the withdrawal is permitted on the statement/undertaking of the plaintiff that they will withdraw all the proceedings including the proceeding under section 138 of Negotiable Instruments Act, 1881. [S.C. DHARMADHIKARI, J.]