- 1 - rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.620 OF 2008 M/s Gandhi Adhivitiya Combine .. Petitioner vs Mr.Jageshwar Bhagwati & anr .. Defendants .. Mr.A.R.Mishra i.,b M/s J.Sagar Associates for Petitioner. Mr.Deepak Natu i.b N.Deepak & Co for Respondents Partner of Petitioner and Respondent no.2 present CORAM: R.V.MORE,J DATED: November 16, 2009 P.C. 1. Heard learned counsel appearing for the respective parties. The parties have settled their dispute out of Court amicably and have filed consent terms. Both the partner of petitioner and respondent no.2 are present in Court. Under clause 2 of the consent terms, the petitioner agreed to hand over keys of flat no.403 on 4th floor in rehab building admeasuring 225 sq.ft carpet area on ownership basis in lieu of the suit premises to the respondents. Accordingly, petitioner has handed over keys of the above premises to the respondent no.2 . 2. Regarding respondent’s claim to a shop, the petitioner has reserved one rehab tenement on ground floor of the building subject to the respondents proving their entitlement to it. The respondents are at liberty - 2 - to prove their claim by filing appropriate proceedings as per law. 3. The respondents has undertaken to hand over the peaceful and vacant possession of the suit premises to the petitioner forthwith. Undertaking accepted. 4. Consent terms are signed by the partner of the petitioner and respondent no.2 for himself and as the Constituted Attorney of respondent no.1. They have understood and admit the contents of the consent terms. The consent terms are taken on record and marked X for the purpose of identification. 5. The petitioner apart from the consent terms undertake to pay to the respondents an amount of Rs. 20,000/- by way of ex gratia payment within a period of 3 days from today. Undertaking is accepted. Award in terms of consent terms. Arbitration Petition is disposed of in terms of consent terms. R.V.More, J - 3 -