1 IN THE HIGH COURT JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL SIDE JURISDICTION APPEAL NO. 859 OF 2005 IN COMPANY PETITION NO. 239 OF 2005 M/s. Seatrans Shipping Ltd., ... Appellant. (Org.Respondent) V/s. M/s. Maingi Maritime Consultant (P) Ltd. ... Respondent. (Org.Petitioner) --- Mr.Vishal Seth i/by Ashwin Shankar for the Appellant. Ms.J.M.Sidhwa i/by Joseph & Associate for Respondent. --- CORAM: D.K.DESHMUKH AND V.R.KINGAONKAR,JJ. DATED: 17TH MARCH, 2010 P.C.: 1. By consent of the parties, the Appeal is disposed of on the following terms : i. The Respondent in the present Appeal, who is the Petitioner in Company Petition No. 239 of 2005 shall, within a period of four weeks from today, withdraw the proceedings filed against the Appellant under section 138 of the Negotiable Instruments Act. 2 ii. The Appeal is allowed. The order of the learned single Judge impugned in the Appeal is set aside. The Company Petition No. 239 of 2005 is dismissed. iii. On the Respondent producing proof of having withdrawn the proceedings filed under section 138 of the Negotiable Instruments Act before the Prothonotary, the Prothonotary and shall permit the Respondent to withdraw the amount which is deposited by the Appellant in this court pursuant to the interim orders passed in this Appeal with accruals, if any. The claim of the Respondent against the Appellant will thereon stand fully satisfied. 2. The Appeal is disposed of accordingly. (D.K.DESHMUKH,J.) (V.R.KINGAONKAR,J.) ..... 3