1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.427 OF 2005 IN NOTICE OF MOTION NO.1427 OF 2004 IN SUIT NO.1427 OF 2004 Dabhol Power Company (DPC) .. Appellants Vs. Maharashtra Power Development Corporation Ltd & Ors. .. Respondents None for the appellants Mr. Nikhil Dharod i/b M/s.M & M Legal Ventures for the respondents CORAM : J. N. Patel & Smt.Mridula Bhatkar, JJ DATE : July 31, 2009 P.C. : 1. The learned counsel for the respondents have given notice of the matter to the Appellants and their counsel. The learned counsel appearing for the respondents informs the court that the subject matter of the appeal is settled out of court and, therefore, the parties are not interested in prosecuting the same. 2 2. We, therefore, dismiss the appeal for non-prosecution. Court Fees as permissible under the rules may be refunded to the Appellants. The counsel for the respondents to inform the Appellants as well as their counsel of this order. ( J. N. Patel, J) (Smt.Mridula Bhatkar, J)