1 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3336 OF 2008 IN APPEAL (Lodging) NO. 436 OF 2008 IN SUIT NO. 487 OF 1989 Bank of India .. Appellant Versus Nooruddin S. Alibhoy .. Respondent Mr Ajit Salvi i/by Anant B. Shinde for the Appellant Ms. K. P. Reshma Ravi for respondents CORAM : B.H. MARLAPALLE & SMT. V. K. TAHILRAMANI, JJ. DATE : 4 th March, 2010 P.C.: 1. Mr. Ajit Salvi, holding for Mr. A.B. Shinde, learned counsel for the appellant Bank states that the recovery dispute have been settled between the parties and, therefore, he seeks leave , under instructions, to withdraw the Motion. 2. Leave granted and the Motion is dismissed as withdrawn. 3. Consequently, Appeal (Lodging) No. 436/2008 does not survive. 4. Refund of Court fee shall be as per the Rules. (SMT. V. K. TAHILRAMANI, J.) (B.H. MARLAPALLE, J.)