IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Execution Application No. 94 of 2008 in Arbitration Petition No. 367 of 2001 1. M/s Mangalam Enterprises and another ..Applicants vs. 1(a) Smt.Suprajben N.Shah and ors. ..Respondents Mr.M.A.Shah with Mr.A.G.Shah for applicants. Ms.M.S.Sharma i/b Shri A.Doijode for respondent nos.1a and 1e. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 8th April, 2008 8th April, 2008 8th April, 2008 P.C. P.C. P.C. 1. The execution is filed in Arbitration Petition which is regarding the award in favour of the present applicant and against the original respondent Yeshwant N. Shah. 2. Now his heirs and legal representatives confirm that the liability of Yeshwant N.Shah under the subject award subsists and award can be enforced as against them. It is now agreed between the applicant and the respondents that the moneys which are due and payable under the Award would be paid by respondent nos.1b to 1e in instalments which are provided in clauses 2 and 3 of the consent terms. There are post dated cheques which have been handed over. Consequences are also provided in as much as in case of default the respondents have agreed and undertaken to pay within 30 days the balance amount as provided for in clause 5 of the terms. Undertakings are accepted. Each of the respondents have signed the consent terms so also the applicant. The respective Advocates have also signed the same. The parties have fully understood the terms and implications so also the consequences thereof. They state that the terms are drawn after the applicant and respondents negotiated for all over settlement. It is fully understood that the respondents have to pay the sums in the manner provided by the terms. There is no pressure or force of any nature and the son and daughter of the deceased have signed the terms. The terms are taken on record and marked "X" for identification. Order in terms of the consent terms at X. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)