: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 MISC. PETITION NO. 1 OF 2009 MISC. PETITION NO. 1 OF 2009 MISC. PETITION NO. 1 OF 2009 IN IN IN ARBITRATION PETITION NO. 191 OF 1999 ARBITRATION PETITION NO. 191 OF 1999 ARBITRATION PETITION NO. 191 OF 1999 Labhuben P. Sangani ..Petitioner versus Pradeepkumar D. Thakkar & Anr. ..Respondents Mr. Mukesh J. Pabari for Petitioner. None for Respondents. CORAM : DR. D. Y. CHANDRACHUD, J. CORAM : DR. D. Y. CHANDRACHUD, J. CORAM : DR. D. Y. CHANDRACHUD, J. DATE : 29TH APRIL, 2009 DATE : 29TH APRIL, 2009 DATE : 29TH APRIL, 2009 P.C. P.C. P.C. 1. Consent terms were arrived at between the petitioner and respondent No. 1 before the Arbitral Tribunal on 2.3.2002. Clause 6 of the consent terms provides thus : "6. The Court Receiver, High Court, Bombay, appointed Receiver in Arbitration Petition No. 191 of 1999 is hereby discharged without passing accounts. The Court Receiver after deducting his costs, charges and expenses from and out of the moneys lying with him to the credit in the aforesaid Petition, do pay over the balance to the Claimant. It is agreed, declared and confirmed that the Claimant and the Respondent each is entitled to 1/2 of the balance amount lying with the Court :2: Receiver, after deduction of his costs, charges and expenses. The Claimant will give credit to the Respondent of his aforesaid 50% share on receipt thereof by her towards the decree in the aforesaid sum of Rs.6,50,000- under clause (4) above." The relief that has been sought is a direction to the Court Receiver to hand over to the petitioner his share representing 50% of the amount deposited by the respondent and lying in the Office of the Receiver towards the account of Arbitration Petition No. 191 of 1999. 2. Respondent No. 1 has been served with the Misc. Petition and an affidavit of service has been filed. In terms of the agreed understanding between the parties as reflected in the consent terms dated 2.3.2002, the petitioner will be entitled to the relief that has been sought. The petition is made absolute in terms of prayer clause (a), subject to deduction of costs, charges and expenses of the Receiver. 3. Receiver to act on an authenticated copy of this order. :3: (DR. D. Y. CHANDRACHUD, J.) (DR. D. Y. CHANDRACHUD, J.) (DR. D. Y. CHANDRACHUD, J.)