1 fa315-08 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION FIRST APPEAL NO. 315 OF 2008 WITH CIVIL APPLICATION NO.1691 OF 2008 Mr. Essa Mussa Khan & Ors. .. Appellants V/s. The Municipal Corporation & Ors. .. Respondents ..... Mr. Ashwin Shete i/b. M/s. Khaitan Jayakar Sud & Vohrafor the appellants. Mr. R. M. Pethe for the respondent. ..... CORAM : A.S.OKA, J. DATE : SEPTEMBER 29, 2011. P.C.: Not on board. Taken on board. 2. The learned counsel appearing for the appellants states that the third appellant is personally present in the Court. 3. Heard the learned counsel appearing for the appellants. He seeks permission to withdraw this Appeal in view of Award of the learned Arbitrator passed on 17th February, 2011. 4. He seeks permission to withdraw a sum of Rs.25,00,000/- deposited in this Court in terms of order dated 2 fa315-08 27th June, 2008. The appellants through their counsel undertake that after withdrawing the amount of Rs.25,00,000/- they shall pay the requisite amount payable in terms of the Award dated 17th February, 2011 to the first respondent- Corporation. The appellants undertake to pay the requisite amount in terms of the Award to the first respondent-Corporation within a period of two weeks on the date on which the amount is withdrawn from the Court. 5. The learned counsel appearing for the first respondent- Corporation states that in view of the said undertaking of the appellants, he has no objection if the said appellants are permitted to withdraw the said amount subject to compliance with the undertakings. 6. Hence, I pass the following order: :: O R D E R :: i. The undertakings of the appellants given through their learned counsel which are recorded above are accepted. ii. Appeal is dismissed as withdrawn. iii. Appellants are entitled to refund of Court 3 fa315-08 Fees as per the Rules. vi. It will be open for the appellants to withdraw a sum of Rs.25,00,000/- deposited in this Court with interest, if any, accrued thereon. The withdrawal will be subject to compliance of the above said undertakings. v. Appellants shall file an affidavit in this Court recording compliance of the undertakings within four weeks from the date when the amount is withdrawn by them from this Court. vi. A copy of the affidavit shall be supplied to the advocate on record for the first respondent. vii. Civil Application No. 1691 of 2008 does not survive and the same is disposed of. (A.S.OKA, J.)