1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 434 OF 2009 IN NOTICE OF MOTION NO.477 OF 2007 IN SUIT NO. 271 OF 2007 WITH NOTICE OF MOTION NO, 3479 OF 2009 Dhamo Tikamdas Butani & anr.........Appellant versus Bandra Eye Institute Pvt. Ltd. ........Respondents. WITH APPEAL NO. 285 OF 2007 Bandra Eye Institute Pvt. Ltd. .... Appellant versus Dhamo Tikamdas Butani & anr. ... Respondents. Mr. R.L. Majgaonkar adv. For the petitioner in APP 434/09 and for respondent in APP 285/07. Ms. Yogini Gada i/b. Harakhand & Co. for the applicant in APP 285/07 and for respondent in App 434/07. for Respondent. CORAM: J. N. PATEL Acting. C.J. AND B. R. GAVAI, J. DATED : 3rd February, 2010. P.C.: 1. The parties tendered Minutes of the Order, which is signed by the parties and their advocates. Parties are present in the 2 Court. The Minutes of the order are read over and explained to them in vernacular and they have understood the same. The Minutes of the order is taken on record and marked `X’ for identification. 2. The learned counsel for the parties submit that the appeal be disposed of in terms of Minutes of the Order. Appeal is therefore allowed to be withdrawn and dismissed as such. 3. In view of the fact that the appeal has been withdrawn, the Notice of Motion No. 3479/09 does not survive and as such the same is also dismissed. (Acting. C. J.) (B.R. Gavai, J.)