1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO.827 OF 2009 IN CHAMBER SUMMONS NO.1625 OF 2009 IN EXECUTION APPLICATION NO.270 OF 2009 IN SUMMARY SUIT NO.3147 OF 2005 Surekha M. Parekh .. Appellant Vs. Master Financial Services Ltd. .. Respondents WITH APPEAL (L) NO.814 OF 2009 IN NOTICE OF MOTION NO.61 OF 2009 IN NOTICE NO.N/38 OF 2009 IN SUMMARY SUIT NO.3147 OF 2005 Re: Mahesh Parekh .. Appellant Vs. Master Financial Services Ltd. .. Respondents Mr.Ajay Rao for the appellant Mr.P.V.Shah for the respondents CORAM : J. N. Patel, Acting C.J., B.R.Gavai, J. DATE : February 2, 2010 2 P.C. : 1. The learned counsel for the parties submit that the parties have settled various litigations between them and have filed minutes of the consent order in Appeal No.811 of 2006 signed by the respective advocates. The same is taken on record and marked X for identification. They, therefore, ‘ ’ request that Appeal (L) No.827 of 2009 be disposed of as the appellant agrees and undertakes to withdraw Chamber Summons No.1625 of 2009 and, therefore, appeal (L) No827 of 2009 be dismissed as not surviving. 2. Accordingly, the appellant is permitted to withdraw the Chamber Summons No.1625 of 2009. Appeal (L) No.827 of 2009 is dismissed as does not survive. 3. In so far as Appeal (L) No.814 of 2009 is concerned, it is stated in the Minutes of Consent Order that the said appeal be allowed with no order as to costs and the order impugned therein in the insolvency notice No.N/38 of 2009 be set aside. 4. We therefore, allow the appeal (L) No.814 of 2009 with no order as to costs. (ACTING CHIEF JUSTICE) (B.R.GAVAI, J) 3