1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.89 OF 2008 IN ARBITRATION PETITION NO.347 OF 2007 Diwakar Shetty ...... Appellant. V/s Bhaskar S. Kotian & Ors. ......Respondents. ---- Ms. Darpana Nagarkar i/b Mr. Bhavesh Parmar for the appellant. Mr. Umesh Shetty i/b Umesh Shetty & Co. for Respondent No.1. Mr. V.R. Bhilare for Respondent No.3. ------ CORAM: SWATANTER KUMAR, C.J. AND V.M.KANADE, J. DATE : 12TH JUNE, 2008. P.C.: 1. Parties other than respondent No.2 - M/s Bombay Paxwell Pvt. Ltd. have submitted consent terms in court today. The same are taken on record and is marked "X" for the purpose of identification. The appeal is disposed of in terms of the consent terms which shall form part of the order. We make it clear that the respondent No.2 has neither 2 signed the consent terms nor has it given any consent before the Court and hence these terms of settlement will not bind the respondent No.2. It is also clarified that no relief has been claimed by the parties to the settlement against respondent No.2. Appeal is disposed of in terms of the Consent Terms at "X" which are signed by the parties to the consent terms and their respective counsel. 2. Appeal against respondent No.2 is sought to be withdrawn. Accordingly, appeal against respondent No.2 is dismissed as withdrawn. CHIEF JUSTICE V.M. KANADE, J.