1 ss1935-02.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1935 OF 2002 Asha Jayesh Gajaria ..Plaintiff Vs M/s.Consite Eng. Co. Ltd. ..Defendants -- Mr.Kalpesh Joshi, for plaintiff. Mr.Kailash Chavan i/b.Mr.Ajay Paulekar, for respondents -- CORAM : R.G.KETKAR, J. DATE : 24 th JUNE, 2011 P.C: Plaintiff has instituted Suit for recovery of Rs.1,52,791/- with further interest thereon at the rate of 18% per annum or at such rate as this Court deems fit and proper from the date of filing of suit till the date of payment. 2] Plaintiff took out Summons for Judgment No.854 of 2002 and by order dated 20th November, 2003, this Court granted unconditional leave to defendant no.2 to defend the suit and granted conditional leave to defendant no.1 to defend the suit, subject to his depositing in the Court a sum of Rs.75,000/- within a period of four weeks. Plaintiff was permitted to withdraw the same on furnishing bank guarantee or any other security to the satisfaction of the Prothonotary and Senior Master of this Court. 2 ss1935-02.odt 3] The learned counsel for the plaintiff states that the husband of plaintiff – Jayesh Gajaria is present in the Court today. The learned counsel for the defendants has handed over cheques to the learned counsel for the plaintiff towards full and final settlement of the plaintiff's claim. The learned counsel for the plaintiff acknowledges receipt of said cheques. He further submitted that pursuant to order dated 20th November, 2003, the plaintiff has withdrawn amount of Rs.75,000/- on furnishing Fixed Deposit Receipts and the same are retained by the Prothonotary & Senior Master of this Court. He, therefore, prays that appropriate order be passed directing the office to return the Fixed Deposit Receipts. Learned counsel for the defendants has no objection. The office is directed to return the Fixed Deposit Receipts to the plaintiffs. 4] Learned counsel for the parties state that now the suit between the parties is amicably settled out of the Court. In view thereof, learned counsel for the plaintiff seeks permission to withdraw the suit. On the motion made by learned counsel for the plaintiff, the suit is permitted to be withdrawn. Suit stands dismissed as withdrawn with no order as to costs. Refund of court fees as per the Rules. [R.G.KETKAR, J.]