mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1729 OF 1989 V.H.Doshi Plaintiff versus M/s.Aryan Motors and others Defendants Hemant Sethi for plaintiff. CORAM : A.S.OKA, J. DATE : 24th November 2008 PC : 1. The learned counsel appearing for the plaintiff pointed out that in terms of the decree on admission passed as against first, third and fourth defendants, the plaintiff has received the decretal amount. 2. The record shows that the suit is still pending as against the second defendant. As the plaintiff has already received the claim amount, the suit does not survive and it stands dismissed as against the second defendant. The plaintiff will be entitled to refund of court fees as per Rules. Certified copy is expedited. (A.S.OKA, J.)