IN THE HIGH COURT OF JUDICATURE AT PATNA REQUEST CASE No.04 of 2008 ---- 1. Sabadsanehi Saran Lall, son of Late Hari Krishna Bihari, resident of Sadisopur House, Fraser Road, Patna, Police Station-Kotwali, District-Patna through his constituted attorney Shankar Sharan Lal, petitioner no.2 in this case. 2. Shankar Sharan Lal son of Late Hari Krishna Bihari, permanent resident of Sadisopur House, Fraser Road, Patna, Police Station- Kotwali, District-Patna and presently residing at 901-B-3, Whispering Palms, Lokhandwala Complex, Akurli Road, Kandivali (E), Mumbai 400 101. 3. Simant Lal, son of Shri Shankar Lal, resident of Sadisopur House, Fraser Road, Police Station-Kotwali, District-Patna, presently residing at 606 “Jal Darshan”, Ruiya Park, Juhu, Mumbai. ---- Petitioners. Versus 1. M/S Hem Developers Pvt. Ltd. a Company incorporated under the Companies Act, 1956, having its registered Office at Road No.12, Rajendra Nagar, Patna-800016, Police Station- Kadamkuan, District-Patna, through its duly authorized Director Shri Prakash Kumar, son of Shri Murli Prasad Sinha, resident of Road No.12, Rajendra Nagar, Police Station-Kadamkuan, District-Patna. 2. Shri Prakash Kumar son of Shri Murli Prasad Sinha, Advocate, resident of Road No.12, Rajendra Nagar, Police Station Kadamkuan, District-Patna. ---- Respondents. ---- For the petitioners : Mr. Prem Kumar Verma, Advocate For the respondents: Mr. Sandeep Kumar, Advocate ----- 06. 23.07.2009 This request case has been filed for appointment of an Arbitrator under the provision of Section 11 of the Arbitration and Conciliation Act, 1996 with respect to the development agreement dated 24.06.1993 executed between petitioners no.1 and 2 and their eldest brother, since deceased, as First Party and respondent no.1 as the Second Party for development of their ancestral land measuring 12.45 kathas equivalent to 16944 sq.ft appertaining to Municipal Survey Plot No.59, Khata No.161, Tauzi No.137, situated at Frazer - 2 - Road, Police Station-Kotwali, town and District Patna. 2. A petition has been filed on behalf of the respondents stating that at the intervention of well wishers, the petitioners and respondents have settled their disputes on the following terms:- (i) Pursuant to this compromise, the respondents have issued allotment certificate and have allotted Flat Nos. 410, 411 and Shop No.G/13 as well as 2035 sq.ft in the lower ground floor to the petitioners as per their choice. (ii) The respondents will hand over the said Flats, shop and space mentioned in the allotment certificate to the petitioners in approximately three months time. (iii) The respondents will pay Rs.40,000.00 (Rupees forty thousand) by way of demand draft to the petitioners within three months. 3. Learned counsel for the petitioners submits that he has no objection if this request case is disposed of in terms of the aforesaid compromise. 4. In view of the agreement between the parties and the submissions of their respective counsel, this request case is disposed of on the aforesaid terms of compromise. Sunil (S. N. Hussain, J.)