IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 421 OF 2008 IN CHAMBER SUMMONS NO.553 OF 2006 IN EXECUTION APPLICATION NO.127 OF 2006 IN SUMMARY SUIT NO.4082 OF 2003 M/s. Saffron Fabrics Private Limited ... Appellant Vs Ramnik Pasu Gala and others ... Respondents Mr. Rajiv Narula with Mr. Basant Tilokani i/by M/s. J.N. & Associates for the appellant. Mr. B.B. Parekh i/by M/s. Mansukhlal Hiralal & Co. for the respondents. CORAM: SWATANTER KUMAR, C.J., & S.A. BOBDE , J. DATE : 8TH OCTOBER , 2008 P.C.: Admit. By consent of the learned counsel appearing for the parties, the matter is taken up for final hearing at this stage. 2. During the course of hearing of the present appeal, the learned counsel appearing for the parties agree that this appeal would be disposed of by consented terms. The agreed terms are as under: a) The order under appeal is set aside and the matter is remanded back to the learned Single Judge for disposal in accordance with law. b) The objections filed by the appellant herein would be decided after providing an opportunity to the appellant to lead evidence by way of affidavit and by annexing such documents as may be necessary. The parties have right to cross-examine with the leave of the court. The affidavit would be filed within two weeks from today and the matter be placed before the learned Single Judge for directions. c) The goods of the appellant will not be attached in furtherance to the execution of the decree. However, it shall remain to be attached under the order of the court. The appellant herein shall be permitted to operate the account but will submit the statement as directed by the learned Single Judge. The agreement between the parties is without prejudice to the rights and contentions which they made during the course of hearing before the learned Single Judge henceforth. 3. The above terms are rather fair and equitable. Consequently, the appeal is allowed in the above terms with no order as to costs. Liberty to mention before the learned Single Judge for expeditious hearing. CHIEF JUSTICE S.A. BOBDE, J.