Smt. Taraben Umedlal Doshi And ORS. v. Mr. Jayesh Himatlal Pandya And ANR.

36 caf4023-18withcawithfa.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST.) NO.24907 OF 2018 WITH CIVIL APPLICATION NO.4023 OF 2018 WITH CIVIL APPLICATION NO.4024 OF 2018 WITH CIVIL APPLICATION NO.4025 OF 2018 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Madhur Rai for the appellant Ms.Jicinta D'silva for the respondent no.1 CORAM : K. K. TATED, J DATE : APRIL 15, 2019 P.C.:

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Heard.

The learned counsel for the appellant submits that during the pendency of the present proceeding, matter is settled between the parties. Hence, he received instruction from his client to withdraw the present proceeding. To that effect, he has given in Mohite 1/2

36 caf4023-18withcawithfa.doc writing. Same is taken on record and marked 'X' for identification. Same is accepted.

The learned counsel for the Appellant submits that this court by order dated 19.12.2018 directed appellant to deposit amount of Rs.10 lacs in the Registry of this court. He submits that pursuant to the said order, they deposited sum of Rs.5 lacs and thereafter, they filed Application for extention of time. He submits that in view of settlement of entire matter, appellant may be permitted to withdraw the said amount with accrued interest without furnishing any security.

The learned counsel for the Respondent have no objection.

Hence, following order is passed:

a First Appeal as well as all the Civil Applications stand disposed as withdrawn. b Appellant is permitted to withdraw sum of Rs.5 lacs deposited by them in the Registry of this court with accrued interest, if any, without furnishing any security.

c Refund of court fee according to law.

d No order as to costs.

(K.K.TATED, J.) Mohite 2/2