1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2864 OF 2010 WITH NOTICE OF MOTION NO._____ OF 2010 WITH NOTICE OF MOTION NO.3214 OF 2010 IN SUIT NO.2864 OF 2010 Rajesh Business and Leisure Hotels Pvt.Ltd. Plaintiff versus Indian Overseas Bank and another Defendants Mr.Satish Shah a/w Ms.Gauri Gandhi, Amit Potnis i/by Tamhane & Co. for plaintiff. Ms.Sapna Raichure i/by T.N.Tripathi & Co. for defendant no.1. Mr.Aspi Chinoy, Sr.Counsel i/by M/s.D.Liladhar & Co. for defendant no.2. CORAM : S.J.KATHAWALLA, J. DATE : 13th January 2011 PC : 1. Mr.Chinoy, learned Senior Advocate appearing for the defendant no.2 states that the defendant no.2 withdraws the letter dated 20th August 2010 invoking the bank guarantee provided by the defendant no.1 at the behest of the plaintiff. He further states that since the said bank guarantee is now extended by the defendant no.1 at the behest of the plaintiff up to 7th March 2011, the defendant no.2 shall issue a fresh letter to the defendant no.1 invoking the same. 2. In view of this statement made by Mr.Chinoy, the cause of action on which the plaintiffs' suit is based does not survive and the suit is disposed of as infructuous. The Notice of Motion also stands disposed of. However, it is clarified that the allegations made in the affidavit-in-reply 2 filed by the defendant no.2 are not admitted by the plaintiffs. Refund of court fees, if any, as per Rules. (S.J.KATHAWALLA, J.)