1 24 fa.1176.97 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1176 OF 1997 Pesi alias Chinku Fram Pocha. ... Appellant Versus M/s. Pocha Seeds Private Limited, Pune. ... Respondent ----- Mr. V.R.Bodhare i/b Mr. A.M.Joshi for the Appellant. Mr. S.M.Gorwadkar for the Respondent. ----- CORAM : A.S.OKA, J. DATE : 27 th July, 2011. P.C. 1 Not on board. Taken on board. 2 The learned counsel appearing for the Respondent (original plaintiff) states that there is an out of Court settlement between the parties. He, therefore, prays that the impugned decree may be quashed and set aside and the Respondent may be permitted to withdraw the suit. The learned counsel appearing for the Appellant has no objection for adopting the said course. 3 Hence, the appeal is disposed of by passing the following order: 2 24 fa.1176.97 i. The impugned judgment and order dated 11 th August, 1997 is quashed and set aside ; ii. The Respondent – plaintiff is permitted to withdraw the suit being Special Civil Suit No.807 of 1985. The said suit accordingly stands dismissed as withdrawn ; iii. The learned counsel appearing for the Respondent states that the Respondent has deposited the decretal amount in the trial Court. The trial Court shall refund the said amount to the Respondent – plaintiff with interest accrued thereon ; iv. The Civil Application No. 1435 of 2004 and the Civil Application No.7817 of 1997 do not survive and the same are disposed of. [ A.S.OKA, J ]