1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2448 OF 2009 IN WRIT PETITION NO. 406 OF 2008 M/s. Enzymes Pharmaceuticals and Industries Chemicals Ltd .. Applicant Vs Grocery Markets and Shops Board for Brihan Mumbai, Thane and Raigad District and Ors .. Respondent Mr. Avinash K. Jalisatfi for the petitioner Mr. Rahul D. Oak and Mr. Sunil Chinchawadkar for respondent nos. 1 to 3 Mr. S.S. Pakale for respondent no. 7 CORAM : Smt. V.K. TAHILRAMANI, J. DATE : 6th October, 2009 P.C.: 1. Heard the learned counsel for the applicant, learned counsel for respondent nos. 1 to 3 - the original complainant and the learned advocate for respondent no. 7 - trade union. 2. This Court, by order dated 13th February, 2009 in Writ Petition No. RMA caw2448-09.sxw 2 406 of 2008 directed the petitioner i.e present applicant to furnish a bank guarantee in the sum of Rs. 27,21,074/- within a period of six weeks and the matter was remanded back to respondent no.3 i.e the secretary, Grocery Markets and Shops Board for Brihan Mumbai, Thane and Raigad District for fresh decision in accordance with law. Pursuant to the said order, the petitioner furnished a bank guarantee in the said amount. Thereafter, the bank guarantee was extended till 5th November, 2009. 3. The learned counsel for the petitioner states that during pendency of the matter before respondent no. 3, the matter has been amicably settled between the parties and they have entered into Memorandum of Settlement dated 7th September, 2009. In clause 3 of the said Memorandum of Settlement, it is provided as follows : "That the company shall deposit with the Board an amount of Rs. 3,00,000/- (Rupees three lacs only) by way of demand draft as and by way of part payment of the settlement amount on the day of execution of this settlement. It is agreed between the parties that on payment / deposit of Rs. 3,00,000/- [Rupees Three Lacs only], the Board as well as the Union shall have no objection to the Company making an application for withdrawal of Bank Guarantee submitted RMA caw2448-09.sxw 3 before the Hon. High Court, Bombay in Writ Petition No. 406 of 2008, of an amount of Rs. 27,21,074/- (Rupees Twenty Seven Lacs Twenty One Thousand Seventy Four Only). On the said application being made, the Board as well as the Union shall not object the Company for discharging / encashing the said Bank Guarantee. 4. The learned counsel for respondent nos 1 to 3 has submitted that the amount of Rs. 3 Lacs has been deposited by the petitioner and hence, they have no objection to withdrawal of the bank guarantee submitted by the petitioner before this Court. The learned counsel for respondent no. 7 also states that they have no objection to withdraw the bank guarantee furnished by the petitioner . In view of the above facts, this application is allowed in terms of prayer clauses (a) and (b). (SMT. V.K. TAHILRAMANI, J) RMA caw2448-09.sxw 4 RMA caw2448-09.sxw