1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi COMPANY APPEAL NO. 39 OF 2009 IN COMPANY APPLICATION NO. 6 OF 2009 IN CLB/COMPANY PETITION NO. 131 OF 2008 WITH COMPANY APPLICATION NO. 928 OF 2009 IN COMPANY APPEAL NO. 39 OF 2009 IN COMPANY APPLICATION NO. 6 OF 2009 IN CLB/COMPANY PETITION NO. 131 OF 2008 Sajjid Amir Khan & Ors. ..Appellants/ Applicants. vs. R F Properties & Trading Ltd & Anr. ..Respondents. .... Mr. Yadoo Bhargavan, a/w. Ms. Nina Kapadia, i/b. Pandya Gandhi & Co., for Appellants/Applicants. Mr. V.J. Shah, a/w. Mr. Pranav Badheka, i/b. Gordhandas & Pozdar, for Respondent No.1. Mr. V.R. Dhond, a/w. Mr. Swadip Singh Vora, i/b. Kartikeya & Asso., for Respondent No.2. .... CORAM : S.J. KATHAWALLA, J. DATE : 30TH APRIL 2010. P. C. The learned Advocate appearing for the respondent 2 no.2 states that the respondent no. 2 shall take steps to have all the personal guarantees released which are executed by the appellants and that the appellants shall in no way be held liable in any manner qua the said personal guarantees executed by them. The undertaking is accepted. 2. In view of the above undertaking by respondent no.2, the learned Advocate appearing for the appellants seeks to withdraw the appeal. The company appeal is disposed of as withdrawn. 3. Needless to add that the appellants shall co-operate with the respondent no.2 qua the steps to be taken for release of personal guarantees. 4. This order shall not in any way prejudice the rights and contentions of the parties in the suit pending before the District Court, Jaipur filed by the respondent no.2. The appellants shall also not be precluded from reviving the CLB proceedings as directed by the CLB by its impugned order dated 31st March 2009. 5. Company application no. 928 of 2009 also stands disposed of. [ S.J.KATHAWALLA, J. ]