FAO No. 5957 of 2010(O&M) DLF Limited and another vs. Koncar-Generators and Motors Ltd. Present: Mr. S.Ganesh, Senior Advocate with Mr. Aashish Chopra, Advocate and Ms. Rupa Pathania, Advocate for the appellants. Mr. Alok Mahajan, Advocate and Mr. V. Ramswaroop, Advocate for the respondent. *** After arguing for some time learned counsel have reached a consensus on the present appeal. It has been agreed by learned counsel for the appellants that the appeal as well as the application under Section 34 of the Arbitration and Conciliation Act, 1996 would be dismissed as withdrawn. It has been further agreed that the appellants would deposit an amount of Rs.7.5 Crores before the Executing Court on or before 08.11.2010. It has been agreed by learned counsel for the respondent that the application under Section 48 which has been filed by the appellants would be decided on its own merits without being influenced by any findings or observations in the order on the applciation under Section 34 dated 28.04.2010. It has further been agreed by learned counsel for the respondent that the amount of Rs. 7.5 Crores which would be deposited by the appellants would be released to it only consequent to furnishing a bank guarantee of a scheduled bank of India in the amount of Rs. 7.5 Crores in favour of the Executing Court and the said bank guarantee would be kept alive during the proceedings under Section 48 and for a period of 60 days thereafter. The final order thereon would obviously be passed by the Executing Court after the conclusion of the proceedings under Section 48. Appeal stands disposed of accordingly. (AJAY TEWARI) JUDGE October 15, 2010 sunita