-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 391 OF 2008 APPEAL FROM ORDER NO. 391 OF 2008 APPEAL FROM ORDER NO. 391 OF 2008 ALONGWITH ALONGWITH ALONGWITH CIVIL APPLICATION NO. 460 OF 2008 CIVIL APPLICATION NO. 460 OF 2008 CIVIL APPLICATION NO. 460 OF 2008 IN IN IN A.O. NO. 391 OF 2008 A.O. NO. 391 OF 2008 A.O. NO. 391 OF 2008 IN IN IN SPECIAL CIVIL SUIT NO.508 OF 2008 SPECIAL CIVIL SUIT NO.508 OF 2008 SPECIAL CIVIL SUIT NO.508 OF 2008 EagleBurgmann India Pvt. Ltd., .. Appellant. V/s. Poonawalla Financials Private Ltd., & Ors. .. Respondents. --- Ms. Kirtida Chandarana i/by Mr. Mahernosh Humranwala for the Appellant. Mr. Indranil Deshmukh with Mr. Manu Kulkarni i/by Amarchand Mangaldas & S.A.Shroff & Co. for the Respondent Nos. 1,4 and 5. Mr. Vishal Gosalkar for the Respondent No.2. ---- CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. DATED : 02nd MAY, 2009 DATED : 02nd MAY, 2009 DATED : 02nd MAY, 2009 P.C. : P.C. : P.C. : 1. Heard the learned counsel for the respective parties. 2. The learned counsel appearing for the appeallant, respondent no. 2 and respondent nos. 1, 4 and 5 have settled their dispute out of the court amicably. They have -: 2 :- arrived at a settlement- cum- amendment agreement dated 29th April,2009. Accordingly, a preacipe is filed by the learned counsel appearing for the appellant for withdrawal of the appeal from order. The learned counsel for the appellant, respondent no. 2 and respondent nos. 1, 4 and 5 have signed the said preacipe, giving consent for withdrawal of the appeal. 3. The copy of the settlement- cum- amendment agreement tendered by the parties is taken on record and marked ‘X’ for identification. The copy of the preacipe is marked ‘Y’ for identification. 4. In the above circumstances, leave to withdraw the appeal is granted. The appeal is disposed of as withdrawn. 5. In view of the clause (ii) of the preacipe, the liberty is granted to the learned Civil Judge, Sr. Division at Pune to deal with the bank guarantee amount together with the interest accrued in accordance with the settlement cum amendment agreement dated 29th of April, 2009 and the consent terms which are proposed to be filed before the said Court of Pune. 6. In view of the witdrawal of the A.O., nothing survives in the civil application and the same is also disposed of -: 3 :- as such. 7. Parties to act on an authenticated copy duly issued by the Registry/ Sheristedar of the court. (R.V.MORE,J.) .....