- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. APPEAL NO.717 OF 2004 IN NOTICE OF MOTION NO.1935 OF 2004 IN SUIT NO.1906 OF 2004 AND SUIT NO.1906 OF 2004 ... KSB Aktiengesellschaft & Anr. ...Appellants v/s. KSB Fire Protection Services Pvt.Ltd. ...Respondent ... Mr.F.Devitre i/b Bharat Shah & Co. for the Appellants. Mr.Satish Shetye with Ms.Meenaz Merchant & Ms.Jaya - 2 - Ramchandran i/b H.G.Ganatra for the Respondent. ... CORAM: D.K.DESHMUKH & A.A.SAYED, JJ. DATED: 26TH FEBRUARY, 2009 P.C.: 1. The parties have agreed to the disposal of the Appeal and also of the Suit in following terms: (i) By consent of parties, Suit No.1906 of 2004 is decreed in terms of prayer clauses (a) & (b) with no order as to costs. (ii) The above decree will become enforceable on expiry of the period of six months from today. (iii) The Defendant shall apply for changing it’s present corporate name immediately. However, the Defendant shall be at liberty to enter into contracts during the period of six - 3 - months in it’s present name. However, after it is permitted to change its corporate name, it shall take necessary steps to get it’s changed name enter into contract that will be entered into. (iv) As a result of decree in the suit, the order of the learned single Judge passed on the Notice of Motion taken out in that suit, which is impugned in this appeal, does not survive for consideration. Appeal is rendered infructuous and therefore, both the suit and appeal are disposed of. Refund of court fees as per rules. (D.K.DESHMUKH, J.) (A.A.SAYED, J.)