IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL(L) NO. 985 OF 2002. WITH NOTICE OF MOTION NO. 3290 OF 2002. The Commissioner of Income-tax, City-XIII, Mumbai. ..Appellant. vs. Shri M. L. Sutaria .. Respondent. Shri Parag Vyas i/b G.C. Mishra for the Appellant. CORAM CORAM CORAM : V.C.DAGA AND J.P. DEVADHAR, JJ. : V.C.DAGA AND J.P. DEVADHAR, JJ. : V.C.DAGA AND J.P. DEVADHAR, JJ. DATED DATED DATED : 20.9. 2005. : 20.9. 2005. : 20.9. 2005. P.C. P.C. P.C. : : : ---- ---- ---- . On the motion made by the learned Counsel appearing for the appellant, he is allowed to withdraw this appeal. Appeal is dismissed as withdrawn with no order as to costs. . Appellant would be entitled to refund of court fee as per Rules. . With the withdrawal of the appeal, Notice of Motion would not survive. (J.P. (J.P. (J.P. DEVADHAR,J.) DEVADHAR,J.) DEVADHAR,J.) (V.C (V.C (V.C DAGA,J.) DAGA,J.) DAGA,J.)