AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.409 OF 2008 IN COMPANY PETITION NO.981 OF 2007 Vaibhavlaxmi Processors Pvt. Ltd. .... Appellants Vs. M/s. Ashar Industrial Corporation. .... Respondents Mr. R.D. Suryawanshi for the appellants. Mr. D.P. Shah for the respondents. CORAM : SMT. RANJANA DESAI & K.K. TATED, JJ. DATED : 23RD OCTOBER, 2008. P.C. :- 1. Learned counsel for the parties state that the parties have amicably settled the disputes involved in this appeal and they want to file consent terms. Consent terms duly signed on behalf of the appellants by Mr. Sanjeev Jugalkishore Purohit - Director of the appellants and their counsel and on behalf of the respondents by Mr. Sanjay R. Mehta – partner of the respondents and their AJN 2 counsel, are taken on record and marked “X”. Undertakings contained in the consent terms are accepted by this court. Order in terms of consent terms. Appeal is disposed of in terms of consent terms. 2. Learned counsel for the appellants states that the appellants shall address a letter to the Kurla Nagrik Sahakari Bank, Ghatkopar West Branch, Mumbai on behalf of the appellants that in view of the settlement entered into between the parties, the cheques described in clause (6) of the consent terms, if presented to the bank, may not be encashed. He says that he shall also forward a copy of the consent terms to the bank. 3. As per clause (9) of the consent terms, the Accounts Officer, High Court, Bombay is directed to pay to the respondents a sum of Rs.10,000/-, which was deposited in terms of order dated 5/2/2008 passed in Company Petition No.981 of 2007. We note that the appellants' counsel has handed over to the respondents' counsel a demand draft in the sum of Rs.1,00,000/- (Rupees One lakh only) drawn on the Kurla Nagrik Sahakari Bank towards part payment, out of Rs.4 lakhs at which the entire dispute is settled. Learned AJN 3 counsel for the respondents states that 12 post dated cheques mentioned in clause (4) will be handed over to the learned counsel for the appellants by 24/10/2008. [SMT. RANJANA DESAI, J.] [K.K. TATED, J.]