CP416-10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.416 OF 2010 Sandeep Kailash Banka. ..Petitioner -Versus- M/s S.S.Facades Pvt.Ltd., Mumbai. ..Respondent Ms.Yashanka Rane i/b Anil Agarwal, for the Petitioner. Ms.Smita Sable i/b Beekay Legal, for the Respondent. CORAM : S.C.DHARMADHIKARI, J. DATE : 3rd FEBRUARY 2011. P.C.: 1] Petitioner and respondents tender consent terms. The petition is not yet admitted. Petitioner is ready and willing to accept the demand draft in the sum referred to in clause 1 of the terms in full and final settlement of all claims against the respondents. Further, the petitioner is ready and willing to return the cheque which is retained by it and also withdraw the proceedings which have been instituted under section 138 of Negotiable Instruments Act. 2] The terms drawn to the above effect are tendered. They are duly signed by the petitioner and the authorised signatory of the respondents. Signatures of both parties are confirmed so also the rubber stamp. Receipt of demand draft is also confirmed. The consent terms are CP416-10 2 taken on record and marked “X” for identification. 3] In these circumstances, there will be an order in terms of the consent terms. Petition is, therefore, allowed to be withdrawn and dismissed as such. Undertakings of petitioner in clauses 4 and 5 are accepted. (S.C.DHARMADHIKARI, J)