1 rma IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. APPEAL NO. 398 OF 2004 IN NOTICE OF MOTION NO. 767 OF 2004 IN SUIT NO. 3709 OF 2003 Everest Industries Limited .. Appellant Vs Lok Housing & Constructions Ltd & Another .. Respondents Mr. Gaurang Mehta for the Appellant Mr. Sandeep Aole i/b Udwadia & Udeshi for respondent no. 1 CORAM : B.H. MARLAPALLE & SMT. V.K. TAHILRAMANI, JJ. DATE : 1st February, 2010 P.C.: 1. The learned counsel for the respective parties agreed that on dismissal of Appeal No. 920 of 2005 as withdrawn, the Appellant has also applied for withdrawal of this Appeal. 2. The parties have signed, through their Advocates, the Minutes of Order and placed before us. The Minutes of Order are marked as “X” for identification. 3. Hence, the Appeal is dismissed as withdrawn. 10.app398-04 2 4. Refund of Court fees, if any, shall be as per the Rules. 5. Parties to bear their own costs. [SMT. V.K. TAHILRAMANI, J.] [B.H. MARLAPALLE, J.] 10.app398-04