pvr 1 a1045-10 IN THE HIGH COURT JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.1045 OF 2010 IN COMPANY PETITION NO.49 OF 2010 Orient Shipping Agency Pvt.Ltd. ...Appellant vs. Master Marine Services Pvt.Ltd. ...Respondent --- Mr.Vishal Kanade i/b. M/s.Kartikeya & Associates, for Appellant. Mr.Vivek Kantawala @ Ms.Sneha N. i/b. Vivek Kantawala & Co., for Respondent. --- CORAM: D.K.DESHMUKH & ANOOP V.MOHTA, JJ. DATED: 22nd March,2011 P.C.: By consent of parties, the appeal is disposed of in the following terms:- On the appellant furnishing bank guarantee in the amount of Rs.5,00,000/- (Rupees pvr 2 a1045-10 Five lakhs only) of a nationalised bank to the satisfaction of the Prothonotary & Sr.Master of this Court with due notice to the respondent, the order dated 29.6.2010 passed in Company petition no.49 of 2010 shall stand set aside and Company Petition no.49 of 2010 shall stand disposed of. Within a period of six weeks from the date on which the bank guarantee furnished by the appellant is accepted by the Prothonotary & Sr.Master of this Court as per this order, the respondent shall institute a summary suit against the appellant for recovery of such amount as may be advised. The present Advocate appearing for the appellant would accept the service of writ of summons and the summons for judgment on behalf of the appellant who would be defendant in the suit. The disposal of the bank guarantee that the appellant has to submit pursuant to this order, shall be governed by the order that may be passed by the Court while disposing of the pvr 3 a1045-10 summons for judgment. The respondent shall secure appropriate orders in relation to the bank guarantee within a period of Twelve weeks from the date of institution of suit. All contentions available to both the sides are kept open. If the appellant fails to furnish bank guarantee as directed above, then the appeal shall stand dismissed and the order challenged in the appeal shall stand. Notice of motion no.2921 of 2010 is also disposed of. (D.K.DESHMUKH,J.) (ANOOP V.MOHTA,J.)