1 exa46-10.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION EXECUTION APPLICATION NO.46 OF 2010 Devasena M. Laguduva & Anr .. Claimants versus Nandita Sinha .. Respondents Mr.Rakesh Jain for the claimants. Mr.Parineet Saratkar for the respondent. CORAM : S.C.DHARMADHIKARI, J. 19th October 2011. P.C.: . Mentioned. Not on board. 2} This is an execution application and the claimants are seeking to execute the award in their favour. At one stage, the claimants and the respondents have negotiated for an over all settlement. The responents have stated that they are unable to pay the sum under the Award and hence after careful consideration they are agreed that the attached premises be taken over by the claimants and which attached property will become their absolute property. They are ready and willing to 2 exa46-10.doc transfer the attached premises to the claimants. In lieu thereof, the claimants have agreed that they would not insist on any monies being paid under the subject Award and they give up all their claims in relation to the said recovery. The agreement to this effect has been drawn which records this understanding between parties fully and properly. It is stated that the attached premises will be taken over by the claimants on “as is where is” basis. The necessary documents transferring right, title and interests of the respondents in the said premises shall be executed in favour of the claimants. The claimants, therefore, withdraw all proceedings. Needless to state that the Court cannot permit withdrawal of contempt petitions and show cause notices. However, it will be open for the parties to proceed and place on record this arrangement and the order in furtherance thereof before the Court hearing contempt petition and seek appropriate order on contempt petition. 3} The agreement is duly signed by the Power of Attorney holder on behalf of the claimants. His signature has been confirmed. As far as the respondent is concerned, she is present in the Court and her signature has been identified by her advocate. She also confirms the same. She says that all this arrangement has been arrived at willingly and without 3 exa46-10.doc any pressure or force to put an end to long standing dispute. 4} In the light of the above, I am satisfied that the agreement does not contravene any provisions of law or public policy but puts an end to a private dispute between the parties. In such circumstances, the consent terms are taken on record and marked “X” for identification. There will be an order in terms of the consent terms. Execution application is disposed off. (S.C.DHARMADHIKARI, J)