: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 ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 371 OF 2008 APPEAL NO. 371 OF 2008 APPEAL NO. 371 OF 2008 IN IN IN CHAMBER SUMMONS NO. 1173 OF 2008 CHAMBER SUMMONS NO. 1173 OF 2008 CHAMBER SUMMONS NO. 1173 OF 2008 IN IN IN EXECUTION APPLICATION (L) NO. 305 OF 2008 EXECUTION APPLICATION (L) NO. 305 OF 2008 EXECUTION APPLICATION (L) NO. 305 OF 2008 IN IN IN ARBITRATION PETITION NO. 155 OF 2002 ARBITRATION PETITION NO. 155 OF 2002 ARBITRATION PETITION NO. 155 OF 2002 IN IN IN AWARD NO. 2 OF 2002 AWARD NO. 2 OF 2002 AWARD NO. 2 OF 2002 Satinderpal Singh Anand ..Appellant versus Sharanpal Balmukund Chopra ..Respondent Mr. R. S. Tripathi for the Appellant. Mr. Kevic Setalwad i/b. Nanu Hormasjee & Co. for the Respondent. CORAM : SWATANTER KUMAR, C.J. AND CORAM : SWATANTER KUMAR, C.J. AND CORAM : SWATANTER KUMAR, C.J. AND S. A. BOBDE, J. S. A. BOBDE, J. S. A. BOBDE, J. DATE : 7TH OCTOBER, 2008. DATE : 7TH OCTOBER, 2008. DATE : 7TH OCTOBER, 2008. P.C. P.C. P.C. . Vide order dated 23.9.2008, the following order was passed: "(a) The keys which have been deposited with the Prothonotary of this Court shall be permitted to be taken by the Commissioner who may insure that the property or goods :2: and articles belonging to the present appellant are returned to him. The local Commissioner will visit the premises at 11.00 a.m. on Saturday and prepare the inventory of the goods in the premises in question. He shall ensure that all goods and articles in the premises are removed and thereafter he will return the keys to the Prothonotary. (b) Mr. Mahesh Shukla, Advocate who is present in the court is appointed as Commissioner. He shall be paid fees quantified at Rs.5,000/- (Rupees Five Thousand only) to be shared equally by the parties. The fees of the Commissioner will be in addition to the expenses, if any, incurred by the Commissioner. (c) The Prothonotary shall hand over the keys to the Commissioner today itself. (d) Place the matter on Monday, 29th September, 2008 when the keys may be handed over to Respondents in the present appeal and money deposited will be ordered to be :3: paid to the appellant." The above order was passed on the consent of the learned counsel appearing for the parties. Copy of this order was given to the counsel on the same day. We have no hesitation in noticing that the counsel appearing for the appellant had prayed before the court that the appellant’s goods were lying in the premises and therefore he should be permitted to take out his goods. This request was pressed before us and after the counsel appearing for the parties agreed that the consent order be passed, this court passed the above order. 2. The appellant not only took the benefit of the order passed by the court on 23.9.2008 and he has paid the Commissioners fees. He took out all the goods lying in the premises. Thereafter the keys were deposited by the local Commissioner appointed by the court with the Prothonotary. Thereafter the case was listed on 29.9.2008, 30.9.2008 and then today. On both these dates appellant who was directed to remain present in court was not present and at the request of counsel for the appellant the case was adjourned. He appears today and accepts the order dated 23.9.2008. :4: In view of the above, we see no further reason for the court to proceed with the matter in any other way except to record that the terms of the order are complied with. 3. The parties therefore in furtherance to their agreement are at liberty to take the keys from the Prothonotary and the appellant is entitled to take the entire payment deposited by the respondent on 3.6.2008 in this court with benefits if any. The entire amount deposited by the respondent shall be paid to the appellant with benefits, if any, accrued thereupon, within one week from today. 4. Appeal is disposed of in the above terms. No order as to costs. CHIEF JUSTICE CHIEF JUSTICE CHIEF JUSTICE S. A. BOBDE, J. S. A. BOBDE, J. S. A. BOBDE, J.