1 IN IN IN THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.753 OF 2008 Sun Industries. ..Petitioner V/s. M/s.Gurera Synthetics Pvt.Ltd. ..Respondent. Ms.Sonali S.Jain i/b. M/s.Dave & Co. for petitioner. Mr.Rajesh S. Datar for Respondent. CORAM: CORAM: CORAM: A.M.KHANWILKAR,J A.M.KHANWILKAR,J A.M.KHANWILKAR,J DATE DATE DATE : NOVEMBER 20, 2008. : NOVEMBER 20, 2008. : NOVEMBER 20, 2008. P.C. P.C. P.C. : : : 1. Heard Counsel for the parties. 2. The moot question is: whether the amount received on behalf of the Petitioner by Anil Gawade on 30th March, 2008 is towards full and final settlement of the claim amount? The fact that Anil Gavade is associated with the Petitioner firm is not in dispute. The Petitioner however, now asserts that he is neither the Manager nor authorised to accept the amount towards full and final settlement of the claim for and on behalf of the Petitioner. The voucher, which is signed on 20th March, 2008 by Mr.Anil Gavade clearly records that the amount of Rs.2 Lakhs was received towards full and final settlement of all claims. As a matter of fact, the Petitioner went to the extent of disowning Anil 2 Gawade in communication sent through advocate dated 25th September, 2008. In the said communication, the Petitioner has stated that they do not admit that Mr.Anil Gawade is their representative. It is further stated that the representative had not signed payment voucher towards full and final settlement of the claim. 3. At this stage, Counsel for the Petitioner submits that no further reasons be recorded and the Petitioner be allowed to withdraw the present Petition while leaving it open to the Petitioner to file such other proceedings for recovery of the balance claimed amount. 4. In the circumstances, this Petition is dismissed as withdrawn with liberty to the Petitioner to pursue remedy for recovery of balance amount, if any, in relation to the claim referred to in the present Petition by taking recourse to the remedy as may be permissible by law. All questions in the said proceedings are left open to be decided on its own merits in accordance with the law, uninfluenced by any observations in the earlier part of this order or for that matter withdrawal of the present Petition. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)