:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. SUIT NO. 730 OF 1997 Syndicate Bank ..Plaintiff Vs. Laxminarayan S. Uppoor and ors. ..Defendants Ms. Bhavini Maniar i/by K.A. Suryanarayanan for plaintiff. Mr. D.B. Sawant for Defendant Nos.2 and 3. CORAM: S.C. DHARMADHIKARI, J. CORAM: S.C. DHARMADHIKARI, J. CORAM: S.C. DHARMADHIKARI, J. Date : December 11, 2008. Date : December 11, 2008. Date : December 11, 2008. P.C.: P.C.: P.C.: 1. It was pointed out to me that this suit is wrongly placed under the caption "For Withdrawal". It is further pointed out that the suit is already dismissed by this court for want of prosecution on 9/6/2004 and there is no prayer made of its restoration. 2. However, when the matter was called out, the plaintiff’s Advocate states that the plaintiff and the contesting defendants have settled the dispute and in :2: fact the plaintiff - bank is desirous to withdraw the suit and that is how the request was made for withdrawal. The plaintiff’s earlier Advocate did not bring it to the notice of the plaintiff that the suit is dismissed for want of prosecution and in such circumstances and facts peculiar to this case, the suit be restored to the file and be permitted to be withdrawn forthwith. 3. Considering that the suit is otherwise not to proceed and the plaintiff and the contesting defendants have settled the dispute out of the court, the request is granted. The suit is restored to file and called out for withdrawal forthwith. By consent suit is dismissed as withdrawn in the light of the claim being settled out of the court. No order as to costs. Refund of court fee as per rules. (S.C. Dharmadhikari, J.) (S.C. Dharmadhikari, J.) (S.C. Dharmadhikari, J.)