:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO. 381 OF 2009 SUMMONS NO. 381 OF 2009 SUMMONS NO. 381 OF 2009 IN IN IN EXECUTION EXECUTION EXECUTION APPLICATION (L) NO. 147 OF 2009 APPLICATION (L) NO. 147 OF 2009 APPLICATION (L) NO. 147 OF 2009 IN IN IN AWARD AWARD AWARD DATED 1ST APRIL, 2007 DATED 1ST APRIL, 2007 DATED 1ST APRIL, 2007 Rati Rajesh Thakkar W/o. Shri Rajesh G. Thakkar. ... Claimant. V/s. Sushil Kumar B. Shah & Anr. ... Respondents. Mr. S.K. Chaurasia i/b. A.M. Saraogi for the Claimant. Mr. Dheeraj K.S. Rathod for Respondents 1 and 2. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 20TH 20TH 20TH MARCH 2009. MARCH 2009. MARCH 2009. P.C. P.C. P.C. : : : . Mentioned. Not on Board. 2. This is an Application in Execution. The Award made by the sole Arbitrator on 1st April 2007 directs the Respondent to pay a Sum of Rs.4,50,000 (principal) plus interest of Rs.5,77,208/- within a specified period that is one year, failing which, the Respondents will have to transfer immovable property situated at Malad, Bombay. 3. The application for appointment of Receiver and injunction in Execution was made and on the last occasion, the First Respondent Sushil Sharma, appeared in person. He confirms the Award. He stated that it has become final. :2: 4. Now, the Claimants and Respondents tender terms wherein the Respondents admit their liability and state that since they have failed to pay the sums under the Award, they would transfer the flat. They state that none other than the Respondents have any right, title and interest in the flat. The flat will be transferred within the period of six months from the Consent Terms being taken on record. The Respondents confirm that they have not created any third party rights nor transferred the flat in any manner. 5. It is, in these circumstances, that both sides request that these terms which are reduced in writing be taken on record. The parties are present in Court. They confirm the terms. The parties also agree that for a period of six months from today, the Court Receiver, High Court, Bombay shall be appointed as a Receiver of the Flat with a direction to take formal possession and appoint the Respondent, as his Agent, without security and royalty. Both sides agree that this arrangement will continue for six months after which the Court Receiver will be at liberty to take forcible possession from the Respondents, if they do not transfer the said flat to the Claimants. However, if the possession is handed over to the Receiver and all documents are executed in favour of the Claimants, then, the Receiver to stand discharged, on payment of his usual costs, charges and expenses but without passing :3: accounts. 6. The First Respondent and the Second Respondent are present so also their Advocates. The Advocate confirms the terms and states that the same were duly explained to the parties before they had signed them. They had signed willingly and after accepting and knowing all consequences. The Consent Terms are taken on record and marked ‘X’ for identification. 7. Order in terms of the Consent Terms. Undertakings in clauses 2 and 3 accepted. The Chamber Summons and the Execution Application are disposed off. The Respondents’ Advocate undertakes to file his Vakalatnama within a period of one week from today. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)