1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OFMOTION NO. 2020 OF 2008 IN ADMIRALTY SUIT NO.2 OF 2006 Elecon Engineering Company Limited ... Plaintiff - versus - Rickmers Dubai & Ors. ... Defendants Mr. Rahul Narichania i/b Motiwala & Co. for the plaintiff. Mr. Abhimanyu Singh with Mr. V. Subramanian for defendant Nos. 3 & 4. CORAM: R. G. KETKAR, J. DATED: 9th October, 2009. P.C. 1 This Notice of Motion is taken out by the defendants No. 5 to 7 for modification of paragraph 2 of the Order dated 24th August, 2008 passed by this court (Mr. D.G.Karnik, J.) in Admirality Suit No. 2 of 2006. The second Paragraph of the said order reads thus: “2. Learned counsel for the defendants no. 5, 6 and 7 states that the defendants 2 no.5, 6 and 7 have also filed all the documents on which they want to rely upon and also filed the affidavit of documents though a motion is being taken out for amendment in the affidavit.“ 2 According to the learned counsel appearing for the parties, the following statement is not correctly recorded: “Learned counsel for the defendants no.5, 6 and 7 states that the defendants no. 5, 6 and 7 have also filed all the documents on which they want to rely upon.” 3 The learned Counsel for the parties agreed that the above statement was not correctly recorded. In view of this, by consent Notice of Motion is made absolute in terms of prayer clause (a) and (b) with no orders as to costs. (R.G. KETKAR, J)