1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.134 OF 2009 In COMPANY PETITION NO.699 OF 2008 WITH NOTICE OF MOTION NO.1073 OF 2009 In APPEAL NO.134 OF 2009 In COMPANY PETITION NO.699 OF 2008 National Collateral Management Services Ltd. : Appellant (Orig.Resp.-Company) V/s. R. Parthasarathy : Respondent (Orig.Petitioner) .... Mr.Virag Tulzapurkar with Mr.Berjis Coolabawala, Mr.Mihir Modi and Mr.Rajesh Talekar i/b. K. Ashar & Co., for the appellant. Mr.Prakash Mehta i/b. M/s.Mehta & Co., for the respondent. ... CORAM : SWATANTER KUMAR, C.J. & S.C.DHARMADHIKARI, J. DATE : JUNE 09, 2009. P.C. The present appeal is directed against the order passed by the learned Company Judge dated 5.2.2009. 2 2. During the course of hearing, the learned counsel appearing for the parties, upon instructions from the respective parties, state that the appeal can be disposed of by consented terms. The agreed terms are:- (i) The appellant in the present appeal shall furnish a Bank Guarantee to the extent of Rs.1,95,00,000/- (Rupees One Crore Ninety Five Lakhs only) within four weeks from today. (ii)The respondent herein is at liberty to file a suit within eight weeks of furnishing of the Bank Guarantee and will be at liberty to take out a Notice of Motion for ad-interim injunction in relation to any of the prayers available to him, in accordance with law. The Bank Guarantee then shall cease to operate after a period of ten weeks from today, unless otherwise directed by the Court of competent jurisdiction. (iii)All pleas and contentions of the parties are kept open. The observations made in the impugned order dated 5.2.2009 will, in no way, influence the determination of the applications filed by the respondent which will be decided on their own merits. (iv)The order dated 5.2.2009 thus stands substituted by the present order. The winding up petition and the present appeal shall both be deemed to have been disposed of by this order. (v)No order as to costs. 3 3. In view of the order passed in the appeal, Notice of Motion no. 1073 of 2009 does not survive and the same stands disposed of. CHIEF JUSTICE S.C. DHARMADHIKARI,J.