JUDGMENT

Manmohan, J.

CM APPL.39987/2017

1. Present application has been filed on behalf of the Respondents under Section 151 of the Code of Civil Procedure, 1908 (CPC) for dismissal of the appeal on the ground that it has become infructous.

ARGUMENTS ON BEHALF OF THE APPLICANTS - RESPONDENTS

2. Mr. Dayan Krishan and Mr. Rajshekhar Rao, learned senior counsel for the Applicants-Respondents contended that the present appeal was infructuous in view of the settlement of disputes between the parties as recorded in the consent order dated 11th May, 2017 passed by the Tel Aviv District Court. In support of their contention, they relied on the following facts and submissions:

2.1 A document entitled Share Entitlement was executed in favour of Appellant No.1 by Respondent No.2 i.e. Tower Vision Limited Partnership through Respondent No.1 i.e. Tower Vision Limited in its capacity as the general partner of Respondent No.2 on 17th October, 2006. The Share Entitlement dated 17th October, 2006 is reproduced hereinbelow:-

"To:

Mr.Shiju Varghese

Re: Share Entitlement

1. We the undersigned Tower Vision Limited Partnership, an Israeli registered limited partnership (the "Partnership"), hereby confirm that