1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi COMPANY PETITION NO.206 OF 2009 WITH COMPANY APPLICATION NO.309 OF 2009. In the matter of winding up of P.N. Writer & Company Pvt. Ltd. Man Infraconstruction Ltd. ..Petitioner/Applicant. .... Ms. Dhwani Mehta, i/b. J. Sagar Asso., for Petitioner/Applicant. Mrs. Uma G. Wagle, for Respondent. .... CORAM : S.J.KATHAWALLA, J. DATE : 8TH OCTOBER 2009. P.C. Company Petition is disposed of by the following order which is passed by the agreement of the parties :- (i) A sum of Rs. 15,00,000/- is paid by the respondent to the petitioner towards full and final settlement of their entire claim against each other. (ii) The petitioner shall not be liable as a guarantor qua the guarantee given by the petitioner in terms of Point 27 of the Bill of Quantities of the tender document for the water proofing treatment of 2 the terrace on the basis of the back to back guarantee given by the sub-contractor. The petitioner shall however co-operate fully with the respondent in the event of enforcing the guarantee against the sub- contractor, from whom a letter of confirmation as regards the continuity of the said guarantee is obtained by the petitioner in favour of the respondent. 2. The above Company petition as well as the Company application are accordingly disposed of. [ S.J.KATHAWALLA, J. ]