1cp323-08 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 323 OF 2008 M/s Sun Industries .. Petitioner Versus M/s Sharda Synthetics Pvt. Ltd. .. Respondent Mr. Charul Abuwala i/by M/s Dave & Co. for the Petitioner Mr. Anil Agarwal for the Respodnent CORAM : S. J. KATHAWALLA, J. DATE : 25th October, 2010 P.C.: The following order is passed by consent of the parties: i. The Respondent Company shall pay an amount of Rs.9,50,000/- (Rupees nine lac fifty thousand only) to the Petitioner in full and final settlement of the claim of the petitioner in this Petition within eight weeks from the date of this order, by forwarding a pay order, drawn in favour of the Petitioner, to the Advocate for the Petitioner. ii. Upon receipt of the amount of Rs.9,50,000/- from the Respondent Company, the petitioner shall unconditionally withdraw the suit filed in this Court being Suit lodging No. 2144 of 2010. 2cp323-08 iii. In the event of failure on the part of the Respondent Company to make the said payment of Rs.9,50,000/- as set out in clause (i) above, the Company Petition shall, without reference to this Court, stand revived, and allowed in terms of prayer clauses (a) and (b) to the Petition. iv. The Company Petition is accordingly disposed of with no order as to costs. (S. J. KATHAWALLA, J.)