1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 2441 OF 2009 WITH NMS/4141/2009 BIG VISION PVT.LTD. ...Plaintiffs. Vs. Union Bank of India & 2 ors. ...Defendants Mr.Virag Tulzapurkar, Sr.Counsel with Ms.Bindi Dave with Ms.Brigitta John i/b. M/s.Wadia Ghandy & Co. for the plaintiff. Mr.N.N.Amin i/b. N. N. Amin & Co. for defendant no.1. Mr.S.V. Mulay, Chief Manager, Union Bank of India. CORAM :- ANOOP V. MOHTA, J. DATED :- 5th February, 2010. P.C.- 1 The learned counsel appearing for defendant no.1 has placed on record the letter dated 3.2.2010, taken on record and marked “A” and in response to that, they received the letter dated 5.2.2010 from defendant no.2, taken on record and marked “B”. The second letter, marked “B” clearly mentioned that “Kindly note that beneficiary has given his consent to cancel the subject L/C reference. In its entirety and we are closing our file in this regard.”. 2 In view of this, defendant no.1 has cancelled the L/C and refund the 2 margin money to plaintiff. 3 In view of above, the learned senior counsel for the plaintiffs, on instructions, not pressing the present Suit as it does not survive. The statement is also made that no third person or party will be affected by this withdrawal. 4 In view of above statement, the Suit is disposed of accordingly with liberty. 5 Refund of court fee, if any, be made in accordance with law. 6 In view of above, no order on Notice of Motion No.4141/2009 and the same is disposed of as such. (ANOOP V. MOHTA, J.)