1 IN THE HIGH COURT JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL SIDE JURISDICTION APPEAL NO. 972 OF 2001 IN REVIEW PETITION NO.37 OF 1999 IN ARBITRATION PETITION NO.12 OF 1993 The Food Corporation of India. ...Appellant. Vs. Anticlizo Shipping Corporation ... Respondent. --- Mr.D.J.Khambata, Addl.Solicitor General with Mr.S.C.Naidu, Afroz Shah i/b. Sagar Talekar, for Appellant. Mr.T.N.Subramaniam,Sr.Advocate with Snehal K.Shah i/b. Mr.V.Subramaniam, for the Respondent. --- CORAM: D.K.DESHMUKH & V.R.KINGAONKAR,JJ. DATED: 25th MARCH, 2010 P.C.: Parties have agreed that for disposing of the appeal in the following terms, it is not 2 necessary to record any reason: 1. Order dated 11.7.2001 challenged in the Appeal passed by the learned Single Judge in Review Petition (Lodg) No.39 of 1999, is set aside. 2. The appellant shall be at liberty to apply before the learned Single Judge for permission to amend the Review Petition. The learned Single Judge shall consider that application in accordance with law. All the contentions available to both the sides are kept open. 3. It is clarified that there is delay in applying for Review, there is no separate application for condonation of delay filed by the appellant, the averments for codonation of delay and the prayer for condonation of delay is made in the Review Petition itself. The learned Single Judge by order dated 11.7.2001 had rejected the Review Petition by declining to condone the delay. Now, first the learned Single Judge, on remand will have to consider 3 the question  whether the delay is to be condoned or not. 4. The above order is subject to the condition that within a period of Eight weeks from today, the entire sum due and payable under the decree dated 22.3.1994 will be deposited in this Court by the Appellant with due intimation to the Respondent. (The parties have agreed that the sum due as on today is Rs.2,65,00,000/- (Rupees Two crores Sixty five lakhs only)). The amount accrued on the sum of Rs. 5,00,000/- (Rupees five lakhs only) which is already deposited in this Court by the appellant pursuant to the order dated 23.4.2002 shall be deducted from the aforesaid amount of Rs.2,65,00,000/- while working out the amount that is to be deposited by the appellant.) 5. On the deposit being made, the warrant of attachment issued in the execution proceedings shall remain stayed, so also all further execution proceeding under the decree shall remain stayed. 4 6. The learned Single Judge while disposing of the proceedings pending before the learned Single Judge shall make appropriate order in relation to the execution proceedings also. 7. The Respondent shall be at liberty to withdraw the amount that is to be deposited by the appellant pursuant to this order including the amount which is lying in this Court deposited pursuant to order dated 23.4.2002 with its accruals if any, within a period of Twelve weeks from today, on furnishing bank guarantee of a nationalised bank to the satisfaction of the Prothonotary & Senior Master of this Court, and on furnishing undertaking of the Director of the Respondent undertaking to this Court to bring back the amount, if so directed by this Court and on such terms and conditions as may be directed by this Court. The learned Single Judge while disposing of the proceedings that are remitted back to him, shall make appropriate order in relation to the amount withdrawn by the Respondent also. 5 8. In case the amount is not withdrawn by the Respondent within the aforesaid period, the Prothonotary and Senior Master of this Court shall invest the amount in fixed deposit in a nationalised bank to the credit of the proceedings pending before the learned Single Judge. 9. After withdrawal of the amount, if the Respondent applies to the Prothonotary & Sr.Master of this Court for permission to remit the amount, the Prothonotary & Sr.Master of this Court shall make appropriate order on that application in accordance with law. It is clarified that all the contentions available to both the sides are kept open. (D.K.DESHMUKH,J.) (V.R.KINGAONKAR,J.) ...