1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2973 OF 2009 IN SUIT NO.2009 OF 2009 Akruti Warehousing Ltd. .. Plaintiff Versus Lakshmi Vilas Bank Ltd. .. Defendant Mr.Pradeep Sancheti with A.Sawant i/b. Wadia Gandhy & Co. for plaintiffs Mr.N.G.Thakkar, Senior Advocate with Ms.Shrivastava i/b. Consulta Juris for defendants. CORAM : S.C.DHARMADHIKARI, J. DATE : 25th August 2009. P.C.: 1] Mr.Thakkar, learned Senior Counsel appearing for defendants states on instructions that a pay order in the agreed sum is already forwarded to the plaintiffs by the defendants. Mr.Sancheti appearing for plaintiffs confirms the receipt of this pay order by plaintiffs. 2] On instructions Mr.Sancheti states that after the pay order is duly honoured and the entire sum is received thereunder, the 2 plaintiffs will have no claims against the defendants. 3] In the light of the above, both sides confirm that the suit claim is mutually settled. All allegations against each other made by plaintiffs and defendants, stand withdrawn. 4] Since the pay order is made in the name of plaintiffs by the defendants in the sum agreed, Mr.Thakkar states that it would be duly honoured on presentation by the plaintiffs. 5] In the light of this statement, the suit is allowed to be withdrawn and disposed of as such at this stage itself. The Notice of Motion would not survive in the light of withdrawal of the suit and is disposed of as such. Refund of court fees as per rules. No costs. Photocopy of the pay order taken on record and marked "X" for identification. (S.C.DHARMADHIKARI, J)