( 1 ) THIS appeal arises out of a judgment and decree passed by learned single judge of this Court decreeing a suit filed by the plaintiff/respondent for a sum of Rs. 37,62,000/- with interest @ 18% per annum pendente lite and future. During the pendency of the appeal, the parties appear have arrived at an amicable settlement under which the plaintiff/respondent has agreed to settle the entire suit claim together with costs, interest pendente lite and future for a sum of Rs. 27,75,000/- only. The parties have, pursuant to the said settlement, filed a joint application under Order XXXIII Rule 3 CPC read with section 151 and with a prayer that the settlement be recorded and the appeal disposed of with the direction that the bank guarantee furnished by the respondents would stand discharged. Learned counsel for the parties submit that pursuant to the interim order passed by this Court in the present appeal, the appellant had deposited a sum of rs. 22,00,000/- in this Court which amount was released in favour of the respondent in terms of an order dated 17th March, 2004 upon the respondent furnishing a bank to the extent of the amount in question. They further submit