1 FA1376.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1376 OF 2009 WITH CIVIL APPLICATION NO.3768 OF 2009 KJ M/s.Melatheru Mining Company Pvt.Ltd., & Anr. )..Appellants Vs. M/s.Vidharbha Mining Pvt. Ltd., & Ors. )..Respondents ­­­­ None for the appellants. Mr.I.V.Rao i/by Dahibawkar & Co.for respondent no.1. ­­­­ CORAM : A.M.KHANWILKAR & MRS.MRIDULA BHATKAR,JJ DATE : 29/4/2011. PC 1 This matter was listed on 27.4.2011 when the Counsel appearing for the respondents stated that the parties have amicably settled all the contentious issues and have filed consent terms before the Court at Sawantwadi and have also executed consent terms to be filed in the present proceedings on the basis of which the appeal can be disposed of. Counsel for the appellants however, prayed for time to take instructions. By way of 2 FA1376.09.sxw indulgence, we deferred the hearing of the matter till today. Today none appears for the appellants. Counsel for the respondents has produced consent terms duly signed by the appellants as well as the respondents and the Advocate for the respondents dated 6.1.2011. He has also produced the photo­stat copy of the consent terms filed before the trial Court at Sawantwadi in some connected proceedings between the parties. These documents are taken on record and marked “X” for the sake of identification. 2 In view of the above, the appeal could have been disposed of in terms of the consent terms, but since the appellants are not appearing, the only option before us is to dismiss the appeal for non­prosecution. Ordered accordingly. 3 In view of the disposal of the appeal, application is also disposed of in the above terms. (MRS.MRIDULA BHATKAR,J) (A.M.KHANWILKAR,J)