-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 CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.8693 OF 2004 NO.8693 OF 2004 NO.8693 OF 2004 Graphite India Ltd. and anr. ...Petitioners v/s Maharashtra Industrial Development Corporation ...Respondents Mr Rahul Chitnis with Mr Harish Pandya and Ms Nandini Khaitan i/b M/s Khaitan and Co. for Petitioners. Ms Deepa Chavan i/b M/s Little and Co. for Respondents. CORAM : D.K. DESHMUKH AND N.D. DESHPANDE JJ. DATE : 16TH APRIL 2008. -2- P.C. :- 1. By consent of parties, petition is disposed off in following terms. 2. Within a period of two weeks from today, the petitioners will make an application to the Chief Executive Officer of the respondents for waiving any transfer fees for registering the change in the name of the petitioners in the record of the respondents. That application shall be decided by the Chief Executive Officer of the respondents in accordance with law within a period of eight weeks from the date of submission of the application, after granting an opportunity of being heard to the petitioners and by a speaking order. 3. The bank guarantee submitted by the petitioners pursuant to the interim order passed in this petition shall be kept current by the petitioners till the Chief Executive Officer of the respondents makes an order in accordance with this order. The Chief Executing Officer of the respondents, while disposing of the application shall also make an order about the bank guarantee which is to be kept current. Parties shall be at liberty to approach the Court if they face any difficulty in implementing this order. -3- 4. As the bank guarantee is being kept current and as the petitioners are bound to pay any fees that in law may be payable by them, in our opinion, it will not be necessary to keep the issue of changing the name of the petitioners in the record of the respondents hanging. The respondents therefore shall effect change in the record in respect of petitioners forthwith and in any case, within a period of two weeks from today. 5. In case by the proposed order of the Chief Executive Officer of the respondents, bank guarantee is required to be invoked, fully or partially, the invocation of bank guarantee shall not take place for a period of two weeks from the date of communication of the order to the petitioners. Rule is made absolute with no order as to costs. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of the Court. . Certified copy expedited. ( D.K. DESHMUKH J.) ( N.D. DESHPANDE J.)