=1= IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO.244 OF 2008 NO.244 OF 2008 NO.244 OF 2008 IN IN IN COMPANY COMPANY COMPANY PETITION PETITION PETITION NO.265 OF 1997 NO.265 OF 1997 NO.265 OF 1997 Credential Finance Ltd. ...Appellants v/s Banque Indo-Suez and anr. ...Respondents Mr J.P. Sen i/b Mr Gaurang R. Mehta for Appellants. Ms V. Nair i/b M/s Mulla and Mulla and Craigie Blunt and Caroe for Respondent No.1. CORAM CORAM CORAM : D.K. DESHMUKH AND A.A. SAYED JJ. : D.K. DESHMUKH AND A.A. SAYED JJ. : D.K. DESHMUKH AND A.A. SAYED JJ. DATE DATE DATE : 4TH MARCH 2009 4TH MARCH 2009 4TH MARCH 2009 =2= P.C. :- 1. Parties have filed minutes of order, duly signed by them and their respective Advocates. They are taken on record and marked ’X’ for identification. Appeal is disposed off in terms of minutes of order at ’X’. The impugned order is set aside. Notice of motion No.2131 of 2008 is disposed off. . Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of the Court. . Certified copy is expedited. ( D.K. DESHMUKH J.) ( A.A. SAYED J.)