IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.55 OF 2004 IN SUMMONS FOR JUDGMENT NO.750 OF 2002 IN SUMMARY SUIT NO.551 OF 2000 Corporate Couriers Ltd., alias Corporate Couriers & Cargo Ltd. ...Appellants Versus Arun Sitaram Mishra & Anr. ...Respondents ...... Ms M.M.Patel i/b M.M.Patel & Co. for Appellants. None for Respondents. ...... CORAM: SRI R.M.S.KHANDEPARKAR & CORAM: SRI R.M.S.KHANDEPARKAR & CORAM: SRI R.M.S.KHANDEPARKAR & SRI P.B.MAJMUDAR, JJ. SRI P.B.MAJMUDAR, JJ. SRI P.B.MAJMUDAR, JJ. DATED: APRIL 29, 2008. DATED: APRIL 29, 2008. DATED: APRIL 29, 2008. P.C. P.C. P.C. 1. The learned Advocate appearing for the Appellants states that the Respondent/Plaintiff had also filed complaint under Section 138 of the Negotiable Instruments Act in relation to the cheques which are the subject matter of the Suit in question. In the said compliant, he had given an undertaking that the Suit would be withdrawn while : 2 : seeking withdrawal of the complaint. The said compliant has been withdrawn. However, the Respondent/Plaintiff has not complied with the undertaking to withdraw the Suit. 2. In these circumstances, in order to take appropriate steps before the learned Single Judge, including the modification of the impugned order by deleting the condition of either deposit or furnishing the security to defend the Suit, the Appellants crave leave to withdraw the Appeal with liberty to approach the learned Single Judge. 3. The Appellants are accordingly allowed to withdraw the Appeal with the said liberty. Meanwhile, till the learned Single Judge passes any appropriate order on any such application to be filed by the Appellants, the impugned order shall remain stayed. With these observations, the Appeal stands disposed of. P.B.MAJMUDAR, J. R.M.S.KHANDEPARKAR, J.