IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 2128 OF 1990 The Board of Trustees of the Port of Bombay ....Plaintiffs Versus M/s. Basant Paper Mills Ltd. & Anr. ....Defendants. Ms. Neelam Dusija a/w. Ms. Preeti Shah i/b. Motiwala & Co. for the Plaintiffs. Mr. Suraj D. Almeida i/b. D.C.Gomes for Deft.No.2. CORAM : S.J.KATHAWALLA, J. DATED : 19th March, 2009. P.C. The learned Advocate appearing on behalf of the Plaintiffs submits that an ex-parte decree was already passed against the Defendant No.1 by this Court in this Suit. 2. The suit is pending for hearing and final disposal only against the Defendant No.2. The learned Advocate for the Plaintiffs states on instructions that the Suit has been settled out of Court with Defendant No.2 and the Plaintiffs are desirous of withdrawing the Suit. In view thereof, the suit is dismissed as withdrawn with no other orders as to cost. (S. J. KATHAWALLA, J.)