- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. APPEAL NO.404 OF 2004 IN SUIT NO.2026 OF 1981 ... Killick Nixon Ltd. ...Appellant v/s. The Board of the Trustees of the Port of Bombay & Anr. ...Respondents ... Ms.N.Sumnani i/b Bhatt & Saldhana for the Appellant. Mr.Parag Khandhar i/b Mulla & Mulla & CBC for the Respondents. ... CORAM: D.K.DESHMUKH & A.A.SAYED, JJ. DATED: 5TH FEBRUARY, 2009 - 2 - P.C.: Appeal is allowed to be withdrawn. By consent of parties it is directed that the bank guarantee furnished by the Appellant be cancelled and returned to the Appellant. (D.K.DESHMUKH, J.) (A.A.SAYED, J.)