1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.820 of 2004 IN ARBITRATION PETITION NO.387 OF 2004 Board of Trustees of the Jawaharlal Nehru Port Trust .. Appellant. V/s. Ismail Fidaaly Potia & Anr. .. Respondents. Mr.Milan Bhise with Mr.Amit Shinde i/b. Milan Bhise & Co. for the appellant. Ms.H.J. Advani with Mr. Sagheer Ahmed for respondent No.1. Mr.M.S. Doctor with Ms.Rajni Ganapathy i/b. Rajni Associates for respondent No.2. CORAM : R.M. LODHA, & CORAM : R.M. LODHA, & CORAM : R.M. LODHA, & J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. DATED : 23RD DECEMBER, 2004. DATED : 23RD DECEMBER, 2004. DATED : 23RD DECEMBER, 2004. P.C. : Admit. 2. The advocate on record for the respondents waives service. 3. Printing of paper books dispensed with. 4. By consent the appeal is treated on board for final hearing. 2 5. The learned counsel for the parties handed in consent terms, marked ’X’ for identification purposes. 6. The appeal is disposed of in terms of the consent terms. The impugned order dated December 8, 2004 is set aside. 7. Undertaking given by the parties in the consent terms is accepted. 8. No costs. (R.M. LODHA, J.) (R.M. LODHA, J.) (R.M. LODHA, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)