1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.155 OF 2009 WITH CIVIL APPLICATION NO.184 OF 2009 Cogent Engineers Pvt. Ltd. ..Appellant V/s Sentini Bio Products Pvt.Ltd. & ors ..Respondents Mr.Nikhil Sonawane i/b.Mr.S.S.Patwardhan, Advocate, for the appellant Mr.T.D.Deshmukh, Advocate, for the respondent No.1 CORAM : R.M.SAVANT, J. DATE : 2ND FEBRUARY, 2009 P.C. . The appeal takes exception to the Order dated 29th January,2009, by which order application Exh.5 filed by the appellant/plaintiff for injunction against the encashment of the Bank guarantee, came to be rejected. 2. It appears that immediately after the said order dated 29th 2 January, 2009, the respondent No.1 has encashed the Bank Guarantee dated 30th January, 2009, for the amount of Rs.11,66,250/- a Demand Draft draft for which amount was issued to the respondent No.1 by the Union Bank of India. 3. The learned counsel for the appellant in view of the supervening event of the encashment of Bank Guarantee states that the appeal has become infructuous and therefore, seeks withdrawal of the Appeal from Order. The Appeal from Order is, therefore, dismissed as withdrawn. 4. In view of the withdrawal of the Appeal from Order, Civil Application does not survive and is disposed of as such. (R.M.SAVANT, J.)