ADMS41-07 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ADMIRALTY & VICE ADMIRALTY JURISDICTION ADMIRALTY SUIT NO.41 OF 2007 Sharp Menthol India Ltd .. Plaintiff Versus Juergen Schulte Schiffahrtsgesellschaft MBH Co & Anr .. Defendants Mr.A.M.Vernekar for the plaintiff. Mr.H.G.Pratap for defendant No.1. CORAM : S.C.DHARMADHIKARI, J. DATE : 6th January 2011. P.C.: 1] Mr.Vernekar, learned Counsel appearing for plaintiff states that although Notice of Motion No.3422 of 2010 is moved by the defendants praying that all disputes between plaintiff and defendant Nos. 1 and 2 be referred to arbitration, during the pendency of the proceedings the plaintiffs have instructed him to apply for withdrawal of the suit. 2] In the light of the fact that plaintiff is not interested in proceeding with the suit and has instructed his Advocate to withdraw ADMS41-07 2 the suit, the suit is allowed to be withdrawn and dismissed as such. Refund as per rules. Notice of motion does not survive in the light of withdrawal of the suit. No costs. (S.C.DHARMADHIKARI, J)