-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 97 OF 2009 IN NOTICE OF MOTION NO. 3458 OF 2005 IN SUIT NO. 3323 OF 2004 Air Inn Pvt. Ltd. ).. Appellant Versus Sushil Javhar Shivdasani ).. Respondent Mr. I.M. Chagla, Senior Advocate, with Mr. N.H. Seervai, Senior Advocate, with Mr. D.J. Khambata, Senior Advocate, with Mr. D.V. Devkar, Mr. S.B. Kotat, Mr. Subodh Joshi, Ms. Bharti Bhagwat and Mr. Medhavin Bhatt i/b M/s Parimal K Shroff & Co. for the Appellant. Mr. P.N. Modi a/w Mr. N. Ramachandran and Mr. Vishal V Kanade i/b Narayanan & Narayanan for the Respondent. CORAM : SWATANTER KUMAR, C.J. & DR. D.Y. CHANDRACHUD, J. DATED : 31ST MARCH 2009 P.C. After some arguments had been advanced in the present case, the learned Counsel appearing for the parties stated that the Appeal could be disposed of by a consented order. As per the agreed terms :- -2- (a) Following portion of the order under Appeal in paragraph 4 of the operative portion of the order is deemed to have been deleted from the order : “If the Plaintiff desires to rely upon those recordings in the trial, the Plaintiff shall offer inspection of the original recording to the Defendants and/or their Attorneys within 8 weeks from today. In that case, the Plaintiff shall make 2 electronic copies of those recordings at the time the inspection of the original digital recording is given. The Plaintiff shall seal one of them at the said inspection meeting itself and deposit such sealed copy in the Court immediately thereafter. The Plaintiff shall handover the other copy to the Defendants and/or their Attorneys at the said meeting itself without sealing the same” (b) If the Respondents herein so desire, they would be at liberty to take out an appropriate application for taking the documents on record in accordance with law. If such an application is moved, the same may be disposed in accordance with law. (c) Any observations made in this order would not influence the trial of the application in this regard. (d) This order is without prejudice to the rights and contentions of the parties. All the contentions are kept -3- open. 2. The Appeal is accordingly disposed of with no order as to costs. CHIEF JUSTICE DR. D.Y. CHANDRACHUD, J.