1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1743 OF 1983 Jitendra Premji Thakkar .. Plaintiff. vs. M/s. S. La Build Corpn. & Anr. .. Defendants. Ms. A. Castalino with Ms. D. Kamath for plaintiff. Mr. M. Jadhav for Defendant No. 1. i/by Pravin Mehta and Mithi & Co. Mr. P.S. Shah for Defendant No. 2. CORAM : S.U.KAMDAR, J. CORAM : S.U.KAMDAR, J. CORAM : S.U.KAMDAR, J. DATE : 12th July, DATE : 12th July, DATE : 12th July, 2005. P.C. . The learned counsel for the plaintiff seeks to withdraw the suit. Suit is dismissed as withdrawn. The amount deposited by the defendant no. 1 pursuant to the order dated 26.3.1984 passed in Summons for Judgment No. 51 of 1984 be refunded to the defendant no. 1 by the Office of the Prothonotary and Senior Master, High Court, Bombay, along with interest accrued thereon, if any. 2 2. Refund of Court fees as per rules. 3. In view of the withdrawal of the suit, notice of motion no. 1295 of 2005 and chamber summons no. 871 of 2005 do not survive and hence the same stand dismissed.