IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO. 140 OF 2006. NO. 140 OF 2006. NO. 140 OF 2006. IN IN IN NOTICE NOTICE NOTICE OF MOTION NO.1928 OF 2003. OF MOTION NO.1928 OF 2003. OF MOTION NO.1928 OF 2003. IN IN IN SUIT SUIT SUIT NO.1705 OF 1998. NO.1705 OF 1998. NO.1705 OF 1998. Bralco Metal Industries Ltd. ... Appellant. Versus. M/s.Elite Auto Industries and others. ... Respondents. Shri Sanjay Dalal i/by M/s.Dalal & Co. for the Appellant. Shri N.K.Mudnaney for the Respondents Nos.1, 2, 4 & 5. CORAM CORAM CORAM : KSHITIJ R.VYAS, C.J., & : KSHITIJ R.VYAS, C.J., & : KSHITIJ R.VYAS, C.J., & ABHAY ABHAY ABHAY S.OKA, J. S.OKA, J. S.OKA, J. DATE DATE DATE : 13th July, 2006. : 13th July, 2006. : 13th July, 2006. P.C.: P.C.: P.C.: 1. The learned Counsel appearing for the Respondents Nos.1, 2, 4 and 5 has filed an undertaking of the said Respondents signed by Rameshchandra Gurbaxrai Gupta, Respondent No.2, for himself and for the other Respondents. The same is taken on record and marked "X" for identification. The undertaking is accepted. 2. In view of the said undertaking the learned Counsel appearing for the Appellant seeks to withdraw the Appeal. The Appeal is accordingly dismissed as withdrawn. CHIEF CHIEF CHIEF JUSTICE JUSTICE JUSTICE ABHAY ABHAY ABHAY S.OKA, J. S.OKA, J. S.OKA, J.