1 rma IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. APPEAL (L) NO. 68 OF 2009 IN ARBITRATION PETITION NO. 244 OF 2005 M/s. Gurunanak Roadways .. Appellant Vs M/s. Tata Motors Ltd .. Respondent S.P. Kadam for the Appellant K.P. Sreejith a/w Mario Sequeeria i/b India Law for the Respondent CORAM : B.H. MARLAPALLE & C. L. PANGARKAR,, JJ. DATE : 10th February, 2010 P.C.: 1. The arbitration award dated 21.12.2004 in Arbitration Proceedings No. SCK-6 of 2004 came to be challenged in Arbitration Petition No. 244 of 2004 filed under Section 34 of the Arbitration and Conciliation Act, 1996, before this Court. The learned single Judge was pleased to dismiss the said petition and hence, this Appeal. 2. The parties with the able assistance of their learned counsel, have settled the dispute which is a subject matter of the Arbitration proceedings and an offer of Rs. 18,00,000/- towards the full satisfaction of the award has been accepted by the Respondent – Company. The Settlement Terms in the form of Consent Terms have been placed before us. The parties are present before us and 1b.APPL68-09 2 they have verified the Consent Terms. The Consent Terms are taken on record and marked “X” for identification. 3. As per the said Settlement Terms, out of the total amount of Rs. 18,00,000/-, as agreed towards satisfaction of award in its entirety, the Appellant has already paid an amount of Rs. 6,00,000/- by way of a pay order drawn in favour of the Respondent – Company and for the remaining amount of Rs. 12,00,000/- to be paid in two equal installments, a cheque of Rs. 6,00,000/- dated 08.03.2010 and another cheque for the same amount dated 08.04.2010 have already been handed over to the Respondent – Company through its authorized officer. 4. We are satisfied that the settlement in the above terms is just and proper and the award passed by the Arbitrator deserves to be modified accordingly. The learned counsel for both the parties pray for dismissal of the Appeal in terms of the Consent Terms. 5. Order accordingly. 6. The Appeal is disposed off in terms of the Consent Terms. [C.L. PANGARKAR, J.] [B.H. MARLAPALLE, J.] 1b.APPL68-09 3 1b.APPL68-09