-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 6 OF 2009 IN CHAMBER SUMMONS NO. 1103 OF 2007 IN SUIT NO. 418 OF 2006 Videocon Industries Ltd ).. Appellant Versus R Ramkrishnan and others ).. Respondents Mr R D Soni i/b Ram & Co for the Appellant. Mr S H Mehta a/w Mr N M Shah for Respondents. CORAM : SWATANTER KUMAR, C.J. & DR. D.Y. CHANDRACHUD, J. DATED : 10TH FEBRUARY 2009 P.C. During the course of hearing of this Appeal, the learned Counsel appearing for the parties have agreed, upon instructions from their respective clients, that the Appeal can be disposed of by a consented order. The agreed terms are :- (a) The Judgment dated 14th October 2008 of the learned Single Judge under Appeal shall stand set -2- aside. (b) The Respondents in the present Appeal will be granted unconditional leave to defend the Suit which has been filed under the provisions of Order 37 of the Code of Civil Procedure as a Summary Suit; (c) The Written Statement shall be filed within eight weeks from today. The Suit shall be listed before the learned Single Judge for framing of Issues thereafter. (d) Chamber Summons No. 1103 of 2007 shall be listed afresh for hearing before the learned Single Judge. However, the Court would be at liberty to frame preliminary issue, if it so desires and try the same in its discretion as a preliminary issue separately or as an issue to be tried with all other issues. (e) The parties are also agreed that in view of the Order of the Supreme Court dated 5th January -3- 2009 passed in Civil Appeal No. 4 of 2009 arising out of SLP (C) No. 13250 of 2006 (R. Saravana Prabhu and another vs. M/s Videocon Leasing & Indl. Fin. Ltd. & anr.), which is between the Company of which the present Respondents are the Directors and the Appellants in the said Suit may also be tried together with this Suit. (f) Both the Suits, namely, Summary Suit No.475 of 1999 and Summary Suit No.418 of 2006 are ordered to be consolidated. 2. In view of the above agreed terms, the Judgment under Appeal of the learned Single Judge dated 14th October 2008 is set aside. The parties would abide by the agreed terms which shall be treated as an order of this Court. 3. Appeal accordingly disposed of. No order as to costs. CHIEF JUSTICE -4- DR. D.Y. CHANDRACHUD, J.