mgn 1 app-lodg.318-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL LODGING NO.318 OF 2011 IN COMPANY PETITION NO.874 OF 2001 M/s.SEC Machine Private Limited ...Appellant Vs. M/s.S.A. Industries ..Respondents Mr.Mayur Khandeparkar with Mr. Ashwin Havelikar and Mr. Hiren Mehta for the appellant. Mr. Vijay Vaghela, for respondent CORAM : MOHIT S. SHAH, C. J. AND GIRISH S. GODBOLE, J. 11 July 2011 PC: The learned Counsel for the appellant company-SEC Machine Private Limited tenders affidavit dated 11 July 2011 placing on record the statement of account certified by the Auditors. In terms of the statement there are no outstanding creditors, sundry or otherwise of the appellant company as on 30 June 2011. 2. The learned Counsel for the appellant as well as learned Counsel for the respondent (Original Petitioning Creditor) placed on record consent terms dated 11 July 2011 signed by the learned Counsel for the parties as well as by the representatives on behalf of the parties. The consent terms are taken on record and marked “X” for identification. mgn 2 app-lodg.318-11.sxw 3. In view of the consent terms the appeal is allowed and the order dated 6 January 2011 of the learned Company Judge IMPUGNED in Appeal is set aside. Company Petition No.874 of 2001 is dismissed. 4. Appeal stands disposed of accordingly. 5. In view of the consent terms the cost of the Liquidator shall be borne by appellant and respondent equally. CHIEF JUSTICE GIRISH S. GODBOLE, J.