1 S,3898/2000 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 3898 OF 2000 A.Krishnamurthy. ..Plaintiff. Vs. International Film Distributors & Anr. ... Defendants. ---- Mr. A.Y. Bookwala, Sr.Counsel i/b M/s Ranjit & Co., for the Plaintiff. Mr. Prakash Shah i/b PDS & Associates, for Defendant no.2 --- CORAM: S.C. DHARMADHIKARI, J. DATED : 13th SEPTEMBER 2010. P.C. 1] Shri Bookwala, learned Senior Counsel appearing for the plaintiff states that the suit claim as between the plaintiff and defendant has already been settled and now the suit remains on file in so far as defendant no.2 is concerned. It is stated that defendant no.2 has filed an affidavit which has been affirmed by Ms. Suchita Barman, and in the para 26 it is stated thus :- “I say that the Plaintiff by filing the various proceeding against Defendant No.2 is attempting to digress from the main issue by raising extraneous and irrelevant issues against Defendant no.1 I submit that Defendant No.2 by virtue of execution of the Deed of Assignment dated March 7, 2000 with Defendant No.1 and on making the payments of the consideration amounts in respect 2 S,3898/2000 of the two films ‘Ghar Ek Mandir’ and ‘Mehrban’ of Rs. 26,00,000/- and Rs.10,50,000/- respectively at the time of execution of the said Deed of Assignment, the rights of Defendant No.2 are valid and subsisting and they have the right to continue to exploit their rights in the said films till the period of the Deed of Assignment.” 2] Shri Bookwala states on instructions that the affidavit contains the statement of defendant no.2 that rights in their favour are valid and subsisting till December 2012 and that thereafter there is no question of defendant no.2 claiming any rights in respect of the feature films mentioned in this para. 3] Shri Shah, learned Counsel appearing for defendant no.2 confirms this statement and states that defendant no.2 will abide by the affidavit in reply and the contentions and statements made therein. 4] In the light of these statements, Shri Bookwala states that he has instructions to apply for withdrawal of the suit. In the light of the statement made by Shri Bookwala, the Suit is allowed to be withdrawn and disposed of as such, with no order as to costs. 5] Refund of Court fees as per rules. Notice of Motion and Chamber Summons, if any, do not survive in the light of withdrawal of the suit. [S.C. DHARMADHIKARI, J.]