1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. APPEAL NO.823 OF 2002 IN SUMMONS FOR JUDGMENT NO.71 OF 2000 IN SUMMARY SUIT NO.5727 OF 1999 1. Messrs.Anil Agencies .. Appellants vs. Shri Balwantrai Chhaganlal Upadhyay Respondent Mr.Kirit Mody i/b.M/s.Haridas & Co. for the Appellants. Mr.M.A.Shah for the Respondent. CORAM : DR.S.RADHAKRISHNAN & ANOOP V. MOHTA,JJ. DATED : 14th January 2008 P.C. Heard the learned counsel for the Appellant and the learned counsel for the Respondent. The learned counsel for the Appellant and the learned counsel for the Respondent state that the matter has been settled out of the Court. In view of the same, the learned counsel for the Appellant seeks leave to withdraw the above Appeal. The Appeal is allowed to be withdrawn and dismissed as such. Court fee, if any, be refunded to the Appellant as per Rules. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.] [DR.S.RADHAKRISHNAN, [DR.S.RADHAKRISHNAN, [DR.S.RADHAKRISHNAN, J.] J.] J.]