1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 319 OF 2009 IN NOTICE OF MOTION NO. 44 OF 2007 IN SUIT NO. 1593 OF 2006 WITH N OTICE OF MOTION NO. 2869 OF 2009 M/s. Sumer Associates .... Appellants. vs. Mustansir H. Tambawala & Ors. ..... Respondents. Mr. V.R. Dhond i/by Ms. Yasmin Bhansali & Co. for the Appellants. Ms. Anree Mehta and Yusuf Iqbal a/w Neha Shah i/by Yousuf & Associates for the Respondents. CORAM : J.N. PATEL, ACTING, C.J. & B.R. GAVAI, J. DATE : 11TH JANUARY, 2010. P.C. The learned counsel for the appellants seeks to withdraw the 2 appeal with liberty to move the learned Single Judge in the matter. Permitted to withdrawn. The appeal stands dismissed as withdrawn. 2. In view of the dismissal of the appeal, the notice of motion does not survive. The same also stands dismissed. (J.N. PATEL, ACTING, C.J.) (B.R. GAVAI, J.)