1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 21 OF 2008 JCB Manufacturing Limited ).. Applicant Versus Bhagwan D. Malani ).. Respondent Mr. Virag Tulzapurkar i/b Kanga & Co. for the Applicant. Mr. A.V. Anturkar i/b Sugandh Deshmukh for the Respondent. CORAM : SWATANTER KUMAR, C.J. DATED : 31ST JULY 2009 P.C. The learned Counsel appearing for the parties, during the course of hearing, state that this Petition can be disposed of by a consented order. The consent terms are :- (a) Upon the Respondent paying a sum of Rs.11,00,000/- (Rupees Eleven Lakhs only) which was deposited with him by way of security to the Applicant, the Applicant will hand over the vacant and peaceful possession of the premises in dispute to the Respondent. This shall be done simultaneously in the presence of the Commissioner to be appointed by the Court. 2 (b) Mr. Rahul Chitnis, Advocate, as jointly agreed by the learned Counsel appearing for the parties, is hereby appointed as local Commissioner. His fees is fixed at Rs. 20,000/- (Rupees Twenty Thousand only) which shall be equally shared by the parties. (c) The possession of the premises shall be handed over and the amount will be paid on 8th September 2009 at 11.00 a.m. (c) They further agree that Mr.Justice P.B. Sawant, Former Judge of the Supreme Court of India be appointed as Sole Arbitrator to adjudicate upon all the remaining disputes between the parties arising and being the subject matter of this Petition. 2. I find that the above consented terms are otherwise just, fair and equitable and would dispose of this Petition between the parties. 3. Ordered accordingly. Petition disposed of. No order as to costs. CHIEF JUSTICE