1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUIT NO.3654 OF 1998 Diwakar R. Shetty Plaintiff vs. B.S.E.S. Ltd. Defendants Mr.D.B.Savant for the plaintiff. CORAM : ANOOP V. MOHTA,J. DATED : 27th June, 2007 P.C. On written instructions, the learned counsel for the plaintiff seeks permission to withdraw the present suit as parties have settled the dispute out of the Court. The plaintiff has paid the entire amount. 2. By order dated 24.8.1998 in notice of motion this Court has granted interim order on condition of depositing a sum of Rs.1,00,000/- (Rupees one lac only) with the Prothonotary & Senior Master. The plaintiff has deposited the said amount and the same is lying with the Prothonotary & Senior Master. 3. In view of the withdrawal of the suit, the plaintiff is entitled for the refund of the amount. The Prothonotary & Senior Master is therefore directed to refund the said amount to the plaintiff in accordance 2 with rules, in view of withdrawal of the Suit. The written instructions/letter of plaintiff dated 27.2.2007 is taken on record and marked "X". 4. The Suit is disposed of as withdrawn with the above direction. Refund of court fee, if any, accordance with law. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]