1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.1061 OF 2010 WITH CIVIL APPLICATION NO.1291 OF 2000 New Consolidated Construction Co. Ltd. ...Appellant. v. Wockhardt Hospitals Ltd. ...Respondent. Mr.Janak Dwarkadas Senior Counsel a/w Swanand Ganoo, Ms Deepali Thakur a/w Mrs.Chhaya Asher i/by Rustomji & Ginwala, advs., for the Appellant. Mr.Aspy Chinoy a/w Rohan Cama i/by Majumdar & Co. adv., for the respondent. CORAM : J.H.Bhatia, J. DATE : 20th September, 2010 P.C.: 1 After some discussion, the learned senior counsel for both the parties agree that the appeal may be disposed off with the following directions: (i) Appellant/plaintiff shall be allowed to take away their machinery, material and equipment from the site of the work. (ii) Respondent's engineer shall carry out fresh inspection and measurement of the construction already done with notice to the plaintiff and in their presence within two weeks. (iii) This will be without any prejudice to the rights of the 2 parties. 2 Appeal and the application stand disposed off accordingly. (J.H.BHATIA, J.)