IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (LODGING) NO.550 OF 2008 IN NOTICE OF MOTION NO.1433 OF 2006 IN SUIT NO. 1208 OF 2006 Citibank N.A. ... Appellant Vs Bharati Tele-Ventures Limited and others ... Respondents Mr. G.S. Kulkarni i/by M/s. M.V. Kini & co. for the appellant. Mr. H. Rahman i/by M/s. D.H. Law Associates for the respondents. CORAM: SWATANTER KUMAR, C.J., & S.A. BOBDE , J. DATE : 12TH NOVEMBER , 2008 P.C.: During the course of hearing, the learned counsel appearing for the parties submit that this appeal would be disposed of by consented order. The agreed terms are: (a) The order dated 26th August, 2008 impugned in the present appeal may be set aside and the matter may be remanded to the learned Single Judge for hearing afresh in accordance with law. (b) The respondents in the present appeal would have liberty to amend the plaint and add the present appellant as party to the suit. Without prejudice to the rights of the parties, the respondents will be at liberty to move an application for amendment. (c) The appellant shall pay costs of Rs.15,000/-. Payment of cost is a condition precedent for setting aside the order dated 26th August, 2008. 2. Notice of Motion No.1433 of 2006 shall be listed before the learned Single Judge for disposal in accordance with law and if the bank is not represented on that day before the learned Single Judge, obviously, the court would be at liberty to pass any order as it deem fit and proper in the facts of the case. The above terms which are otherwise just, fair and equitable, shall be treated as part of the order of the court. The order is consented order. Thus, the order dated 26th August, 2008 is set aside and the matter is remanded to the learned Single Judge. The matter be listed before the learned Single Judge on 8th December, 2008. CHIEF JUSTICE S.A. BOBDE, J.