IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Appeal (Ld) No.358 of 2005 in Chamber Summons No.49 of 2004 in Suit No. 1850 of 2001 Rajendra Dongersi Momaya ..Appellant vs. Mahendra Dongersi Momaya ..Respondent. Mr.Pravin Diwan i/b Mr.K.H.Halai for appellant Mr.S.M.Oka for respondent. CORAM: A.P.SHAH & CORAM: A.P.SHAH & CORAM: A.P.SHAH & S.J.VAZIFDAR JJ. S.J.VAZIFDAR JJ. S.J.VAZIFDAR JJ. 27th April, 2005 27th April, 2005 27th April, 2005 P.C. P.C. P.C. 1. Heard learned Counsel for the parties. 2. According to the appellant there was settlement between the parties and the parties have acted upon the settlement but the respondent is now trying to back out from the agreed terms of settlement. Assuming that there was settlement between the parties, remedy of the appellant is to take out appropriate proceedings for recording compromise and apply for appropriate consequential reliefs. As far as the order of the learned single Judge is concerned, the appellant is appointed as agent of the Court Receiver and as observed by the learned single Judge he is bound to pay the royalty unless the terms of agency are altered and modified. Appellant is given further 8 weeks time to make payment. 3. Appeal stands disposed of.