mgn 1 app-325-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIGINAL SIDE CIVIL JURISDICTION APPEAL NO.325 OF 2011 IN COMPANY PETITION NO.156 OF 2010 M/s.Shree Ghanshyam Auto Parts Private Ltd. ..Appellant Versus Amity Interlinks Steels Pvt. Ltd. ..Respondent Ms. Seema S. Singh, for the appellants. Mr.Anil Agarwal, for the respondents. CORAM : MOHIT S. SHAH, C. J. AND GIRISH S. GODBOLE, J. DATE : Friday, 24th June, 2011 PC: The learned Counsel for the appellant as well as the learned Counsel for the respondent state that the parties have settled the dispute which is the subject matter of the Appeal in the following terms:- (1) The appellant shall pay to the respondent total sum of Rs. 8,38,014/- with 6% p.a. interest on the reducing balance in 12 equal monthly instalments of Rs.69,835/- starting from 10th August, 2011. The interest will be calculated and paid along with the 12th instalment. (2) Once the amount is paid along with interest as aforesaid within the stipulated time limit, the payment shall be treated as full and final settlement of the dues of the petitioning creditor (respondent mgn 2 app-325-11.sxw herein) from the appellant and also in full and final settlement of the appellant’s claim against the respondent. (3) In case of default the impugned order shall stand revived and the Company Petition No.156 of 2010 shall stand admitted. Thereafter it shall be advertised in accordance with the Rules. The petitioning creditor shall thereupon deposit Rs.2,500/- as advertising charges with the Prothonotary & Senior Master of this Court. (4) In case the amount is paid as aforesaid along with the interest within the stipulated time, the Company Petition shall stand dismissed. (5) Upon the appellant paying the amount as aforesaid along with the interest within the stipulated time period, Criminal Case No. 3566/SS/2009 filed in the 6th Court, Mazgaon, Mumbai, by the respondent against the appellant shall be withdrawn and till the date of final instalment the respondent shall not proceed with the said complaint. (6) Appeal accordingly stands disposed of. CHIEF JUSTICE GIRISH S. GODBOLE, J.