( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO. 12736 OF 2009 IN SECOND APPEAL NO. 656 OF 2009 Ramrao Nagireddi @ Nagorao Patil and others. APPLICANTS VERSUS I. C.I.C.I. Bank Ltd. and others. RESPONDENTS ..... Mr. A.N. Gaddime, advocate for the applicants. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 8th December, 2009] PER COURT : Heard. 2. Mr. Gaddime submits that the order dated 13-11-2009 may be recalled because the appeal was dismissed due to technical reason on account of non-deposit of the amount as directed by this Court. He submits that the matter is settled between the parties and, therefore, he wants to withdraw the appeal. 3. In the interest of justice, the request is granted. The order dated 13-11-2009 is recalled and the appeal is ( 2 ) restored to its original position. 4. Allowed to withdraw the appeal as prayed for. The appeal may be deemed as dismissed due to the withdrawal thereof. The refund of the court fee as per rules. [ V.R. KINGAONKAR ] JUDGE NPJ/ca12736-09