JUDGMENT 1. In the arena of litigation, more often than not, if good sense prevail, matters would not have travelled endlessly which at times create frustration and even loss of faith in the judicial system, without pinpointing or blaming the parties involved thereto. 2. Here is a case where after prolonged litigation, the parties have finally arrived at an amicable settlement as far as the proceedings herein are concerned. 3. Briefly stated, the petitioner has preferred an application before this Court under Section 433 (e), 433 (f) read with Section 434 (a) and (c) and also Section 439 (1) (b) of the Companies Act, 1956 with a prayer inter alia, for winding up of the respondent Company and payment of a sum of Rs. 54,79,947/- (Rupees fifty-four lakhs seventy-nine thousand nine hundred and forty-seven) only together with interest thereon. 4. However, when this matter was taken up by this Court, on the prayer of the petitioner for payment of interim relief, this Court vide order dated 26.11.2015 in MC(C.PTN) No. 2 of 2015 while conceding to the prayer of the petitioner and on directing that a sum of Rs. 8,00,000/- (Rupees eight lakhs) only be deposited in this registry for payment to the petitioner, has taken note of the 'No dues Certificate' issued by the respondent in respect of the accounts of the petitioner with the respondent Company in which it is reflected that there is a credit balance of Rs. 30,26,916/- (Rupees thirty lakhs twenty six thousand nine hundred sixteen) only. 5. The petitioner has accordingly withdrawn the said amount from this registry on being deposited by the respondent Company. 6. Now, at this juncture, the learned Sr. counsel for the petitioner, Ms. P.D. Bujarbaruah has submitted that on being instructed, the petitioner is agreeable to receive the outstanding amount of Rs. 22,26,916/- (Rupees twenty two lakhs twenty six thousand nine hundred sixteen) only, that is, Rs. 30,26,916/- minus Rs. 8,00,000/- without prejudice to the petitioner to pursue the litigation between the parties on the same subject matter with regard to other claims and interest to the amount aforesaid, which matter is pending before the Court of the Civil Judge at Alipore, Kolkata in Money Suit No. 15 of 2016. 7. Dr. N. Mozika, learned Sr. 30,26,916/- minus Rs. 8,00,000/- without prejudice to the petitioner to pursue the litigation between the parties on the same subject matter with regard to other claims and interest to the amount aforesaid, which matter is pending before the Court of the Civil Judge at Alipore, Kolkata in Money Suit No. 15 of 2016. 7. Dr. N. Mozika, learned Sr. counsel appearing for the respondent Company has also submitted that the respondent is agreeable to this arrangement and on being directed will make payment to the petitioner to the extent of Rs. 22,26,916/-. However, it is prayed that the amount if it is to be paid at one go, the period of payment of the same may be allowed within 30th September, 2022. 8. The respondent Company is also not averse to the submission that any other related matter between the parties herein be pursued before the learned Civil Judge at Alipore in the said Money Suit No. 15 of 2016 without being prejudice by any concession or agreement or settlement between the parties in these present proceedings. 9. On consideration of the submission made by the parties, without entering into the merits of the case, this Court hereby disposed of this instant petition with a direction that the respondent Company shall deposit a sum of Rs. 22,26,916/- (Rupees twenty-two lakhs twenty-six thousand nine hundred sixteen) only before this registry to be paid in favour of the petitioner herein within the 30th day of September, 2022. 10. The parties are also at liberty to pursue the matter pending before the Civil Court at Alipore as aforesaid without being prejudice by the outcome in these present proceedings. 11. With the above, this petition is hereby disposed of. No costs. 12. The MC(C.PTN.) No. 2 of 2015 connected with this instant petition also stands disposed of.