- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL No. 19 OF 2006 IN SUIT No. 2145 OF 1985 The Wallace Flour Mills Co. Ltd. .. Appellant Vs. New Era Engineering Co. Ltd. ..Respondent Mr. Sandeep Dadwal, for the Appellant. Mr. Jitendra Lakhani, for the Respondent CORAM : D. K DESHMUKH AND Smt. R. P. SONDURBALDOTA , JJ DATED : JUNE 29, 2010. P.C. : . Appeal is disposed by consent of the parties, in following terms- (i) The judgment and order dated 12th August, 2005 is set aside and Suit No. 2145 of 1985 is restored to file. The defendant to file its written statement within a period of 4 weeks from today. Thereafter, suit shall be tried in accordance with law. - 2 - (ii) The Prothonotary and Senior Master shall permit the plaintiff to withdraw the amount of Rs.1,54,570/- deposited in the Court by the defendant, pursuant to the order dated 14th February, 2006, passed in Notice of Motion No. 267 of 2006 in this appeal, together with accruals, if any, on furnishing bank guarantee of a nationalized bank, to the satisfaction of the Prothonotary & Senior Master and on filing an undertaking to bring back the said amount, if so directed by this Court, and on such terms and conditions, as may be directed by this Court. (iii) Withdrawal be permitted within a period of six weeks from today. If the amount is not withdrawn within the aforesaid period, the amount be invested in any nationalized bank to the credit of Suit No.2145 of 1985. . Appeal is accordingly disposed of. Sd/- Sd/- [Smt. R. P. SONDURBALDOTA , J.] [D. K DESHMUKH , J.]