1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITON NO.18 OF 2009 Lisa Apparels Pvt.Ltd. ..Petitioner. v/s. M/s.Zodiac Clothing Co.Ltd. ..Respondent. Mr.F.E.D’vetre, Sr.Advocate a/w.Sharan Jagtiani, Shri Thiru & Siddharth Srivastav i/b. D.H.Law Associates for petitioner. Mr.N.H.Seervai, Sr.Advocate a/w. Aroop Dasgupta i/b. Jhangiani Narula & Associates for Respondent. CORAM:- A.M.KHANWILKAR, J DATED :- JULY 9, 2009. P.C. 1. After hearing parties for some time, Counsel for the Respondent on instruction states that the Respondent shall pay an amount of Rs. 26,95,847.60(Rs.Twenty six lakhs ninety five thousand eight hundred forty seven & paise sixty only) towards full and final settlement of the claim in the “present Petition”. Counsel for the Petitioner on instruction states that in that case, the Petitioner may not pursue present remedy but with liberty to pursue counter claim, if any, and without prejudice to the rights and contentions or defenses available to the Petitioner in the pending suit 2 instituted by the Respondent. There is no difficulty in accepting this request of the Petitioner. All questions in the said suit and any other proceedings between the parties will have to be decided on its own merits irrespective of the arrangement agreed upon between the parties in this Petition. 2. Accordingly, on accepting assurance given by the Respondent through Counsel that the abovesaid amount will be paid within one week from today by Bank Draft/Banker’s cheque payable at Bangalore, this Petition is disposed off. Needless to observe that offer given by the Respondent to pay the amount is also without prejudice to the rights and contentions of the Respondent in the pending suit. It is made clear that the Petitioner will be free to revive this Petition, if the Respondent fails to comply with the above-mentioned assurance. Ordered accordingly. (A.M.KHANWILKAR, J)