: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 CHAMBER SUMMONS NO.1901 OF 2007 IN EXECUTION APPLICATION NO.446 OF 2006 IN ARBITRATION APPLICATION NO.15 OF 2002 Joseph De Souza & Anr. ..Claimants. Vs. G. Rama Rao ..Respondent. Mr.R.S.Tripathi for the Claimants. Mr.Zal Andhyarujina with Ms.Z.B.Mistry i/b.M/s.Pardiwala & Co. for the Respondents. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 24TH JANUARY, 2008 DATED : 24TH JANUARY, 2008 DATED : 24TH JANUARY, 2008 P.C. : P.C. : P.C. : The parties have agreed to the following order:- i) On behalf of the Respondent a cheque bearing No.689363 dated 24.1.2008 drawn on IDBI Bank, Khar Branch, in the sum of Rs.3,46,375.32 is handed over to the Claimant’s Advocate in Court. ii) Mr.Tripathi for Claimants states that Claimant No.1 is present in person. He further states that the cheque may be drawn in the joint names of Claimant Nos.1 and 2. :2: iii) Mr.Andhyarujina states that the Respondent will hand over possession of the premises to the Sheriff on 25.1.2008 at 3.00 p.m. The Respondent states that he has no objection to the Sheriff’s office handing over possession of the said premises attached pursuant to an order dated 22.10.2005 to the Claimants. Mr.Tripathi further states that he has authority to agree that the possession may be handed over to Claimant No.1 on behalf of Claimant Nos.1 and 2. He states that Claimant No.2 is in hospital but that he has instructions and authority to agree to the same. He further states upon taking instructions from Claimant No.1 that Claimant No.1 will accept possession jointly on behalf of himself and Claimant No.2. The Sheriff shall forthwith at this meeting in turn hand over possession of the said premises to claimant No.1 who shall accept the same jointly on behalf of Claimant No.2 and himself. :3: iv) Mr.Andhyarujina further states that the rent as of September, 2007 has been deposited in the Small Causes Court, Mumbai. The statement is accepted. Mr.Andhyarujina states that the Respondent has no objection to the landlord withdrawing the amounts deposited in the proceedings before the Small Causes Court. v) Mr.Andhyarujina states that Suit No.1332 of 2000 has been withdrawn and in the event of it not having been withdrawn, it will be withdrawn. vi) Subject to and upon the realisation of the cheque and upon the possession of the said premises being handed over to the Claimants, the decree/award shall be marked fully satisfied and complied with by the Respondent and there shall be no further claim by either party against the other. In that event, the Claimants also undertake to mark the decree/award as fully satisfied and shall withdraw the execution proceedings :4: and in any event the execution proceedings shall stand withdrawn. It is further agreed and it is also ordered that in that event, the decree/award shall be deemed to have been satisfied without further orders. vii) There shall be no order as to costs. 2. All parties to act on an ordinary copy of this order duly authenticated by the Associate/Personal Assistant.