- 1 - 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 jmi SUIT NO.443 OF 1990. Mitsui & Company Ltd. ..Plaintiff. vs. M/s. Bhagwandas & Son & Ors. ..Defendants. .... Mr.Rakesh L. Singh, i/b. Ramesh Makhija & Co., for the Plaintiff. Mr.V.V.Warekar, i/b. Warekar & Warekar, for Defendant No.1. Mr.R.J.Mane, AGP, for Defendant No.2. .... CORAM CORAM CORAM: S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. DATE DATE DATE : 26TH FEBRUARY,2009 : 26TH FEBRUARY,2009 : 26TH FEBRUARY,2009. P.C.: P.C.: P.C.: . The defendant no.4 and their Advocates are absent despite notice of today’s hearing being given to them by the Advocate for defendant no.1. Notice dated 17th February 2009 to defendant no.4 bearing acknowledgment dated 18th February 2009 is taken on record and marked ‘X’ for identification. 2. The plaintiff seek to withdraw the suit. 3. The learned Advocate for defendant no.1 states that defendant no.1 is entitled to a sum of Rs.53,507/- deposited in Court by the plaintiff by an order of this Court dated 7th June 1999 [Coram :- S.S.Nijjar, J.] in Notice of Motion No.312 of 1999 in Suit No.443 of 1990. The plaintiff and defendant no.1 have no objection if - 2 - the said amount deposited in Court is allowed to be withdrawn by defendant no.1. However, the Advocate for the plaintiff states that the plaintiff should be discharged of all the liabilities qua defendant no.1 which the Advocate appearing for defendant no.1, has agreed. 4. In view thereof, the plaintiff is allowed to withdraw the suit and defendant no.1 is allowed to withdraw the amount of Rs.53,507/- deposited in Court alongwith interest, if any. Office to act upon an authenticated copy of this order. 5. The learned Advocate for defendant no.1 undertakes to hand over a copy of this order under the cover of their letter to CIDCO. 6. Accordingly, suit stands disposed of. [S.J.KATHAWALLA, [S.J.KATHAWALLA, [S.J.KATHAWALLA, J.] J.] J.]