:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE APPEAL FROM ORDER NO.63 OF 2008 APPEAL FROM ORDER NO.63 OF 2008 APPEAL FROM ORDER NO.63 OF 2008 WITH WITH WITH CIVIL APPLICATION NO.74 OF 200 CIVIL APPLICATION NO.74 OF 200 CIVIL APPLICATION NO.74 OF 2008 Golden Dyes Corporation (India) Pvt. Ltd. ...Appellants. v. Shree Sai Developers and Ors. ...Respondents. Mr.V.V.Tulzapurkar, Sr.Counsel a/w. Ms.Alpana Ghone i/by M/s.Kanga & co. , advs. for the Appellants. Mr.Y.S.Jahagirdar a/w Shri K.S.Dewal , advs. for the Respondent Nos.1 to 4. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 4th March, 2008. DATE: 4th March, 2008. DATE: 4th March, 2008. P.C. P.C. P.C. 1. After some discussion at the bar and after taking instructions from their respective clients, the learned senior counsel for the parties agree that the appeal may be disposed off with the following directions: i. The defendants/respondents shall pay an amount of Rs.1,60,50,000/-, being the balance out of the principal amount of the agreement, to the plaintiff within two months from this day. The defendants shall carry out the construction as per the plan and agreement with condition that to secure the interest of the plaintiff towards the disputed part of the suit in respect of interest component, there shall be charge on :2: 5,000 sq.ft. carpet area of the on going building and no third party interest shall be created in respect of that part of the property till disposal of the suit. The defendants shall also earmark the area of the building covering 5,000 sq.ft. on which there shall be charge. Plaintiff shall co-operate the defendants in construction, particularly in removal of septic tank, which is existing presently on that land. The defendants shall file undertaking before this Court for compliance of the above directions within two weeks. These directions and the undertaking shall substitute the earlier order passed by the trial Court and undertaking filed before the trial Court. 2. The appeal stands disposed off with the aforesaid directions. The above arrangement is subject to the result of the suit. 3. As the appeal itself is disposed off, civil application does not survive and stands disposed off accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)