abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1788 OF 1988 M/s S.V. Apte & Co. .. Plaintiff V/s New Usha Kiran Co-op. Housing Society Ltd. .. Defendant Mr. V.K. Damle for the plaintiff. Mr. S.D. Mulye for the defendant. CORAM : D.G. KARNIK, J. DATE : 26th APRIL 2010 P.C. : 1. Learned counsel for the plaintiff states that the matter has been settled out of court and the plaintiff may be permitted to withdraw the suit. Counsel for the defendant confirms the same. 2. The suit is allowed to be withdrawn as settled out of court. 3. Since the affidavit in lieu of examination in chief of Mr. Apte was filed, there shall be no order of refund of court fee. (D.G. KARNIK, J.)