1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1170 OF 2007 IN SUIT NO. 1504 OF 1988 The Board of Trustees of the Port of Bombay .. Plaintiffs Vs M.C.B. India Private Limited .. Defendants Mrs. V.S. Bhalerao i/b Motiwala & Co for Plaintiffs Mr. Ajay K. Panicker for the Defendants CORAM : DR. D.Y. CHANDRACHUD, J DATE : 13th APRIL, 2009. P.C.: 1. An exparte decree was passed in the suit on 25.08.2006. On 12.11.2008, the Motion for setting aside the exparte decree was made absolute subject to deposit of Rs. 60,000/- by the Defendants and to the payment of costs. Costs have been paid and the amount as directed has been deposited by the Defendants. The Court is informed by the learned counsel for the Plaintiffs and for the Defendants that the claim of the Plaintiffs Rma NMS117007130409.sxw 2 has been settled out of the Court. 2. In terms of the praecipe lodged by the learned advocate for the Plaintiffs and in terms of the oral prayer before the Court, the suit is dismissed as withdrawn as settled out of the Court. 3. The amount of Rs. 60000/- deposited by the Defendants in pursuance of order dated 12.11.2008 is by consent permitted to be withdrawn by the Defendants with accrued interest if any thereon. 4. There shall be refund of court fees in accordance with rules. (DR. D.Y. CHANDRACHUD, J) Rma NMS117007130409.sxw 3 Rma NMS117007130409.sxw