1 arbp1286-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.1286 OF 2010 Prakash Harishchandra Kurmi. ...Petitioner vs. 1.M/s.Reliance Capital Ltd.& Anr. ...Respondents --- Ms.Shilpa Kapil, for Petitioner. Mr.Ajay Misar i/b. Ajay Misar & Co., for Respondent no.1. --- CORAM: D.K.DESHMUKH, J. DATED: 24th June,2011. P.C.:- Admit. Heard finally by consent of parties. By consent of parties, the petition is disposed of in the following terms:- 1. On the petitioner depositing an amount of Rs.11,26,049.10 on or before 31.8.2011 in this Court with due intimation to the Respondent no.1, the Award 2 arbp1286-10 impugned in the petition shall stand set aside. 2. The Prothonotary and Sr.Master of this Court shall permit the Respondent no.1 to withdraw the amount deposited by the petitioner on furnishing undertaking to the Court to bring back the amount, if so directed by the Arbitrator or this Court and on furnishing bank guarantee of a nationalised bank to the satisfaction of the Prothonotary & Sr.Master of this Court. Withdrawal of the amount be permitted within a period of Eight weeks from the date of deposit. If the amount is not withdrawn within the aforesaid period, it be invested in fixed deposit in a nationalised bank. 3. The parties shall appear before Shri.B.A.Shelar, who has been appointed as Arbitrator by respondent no.1, on 12.9.2011. All communications to be addressed to the petitioner by the Arbitrator shall be sent at the address of the Advocate appearing for petitioner in this petition and service of the communication on the said Advocate shall be taken as service of the communication on the petitioner. 3 arbp1286-10 4. While making the Award, the Arbitrator shall also issue direction regarding the amount which is being deposited in this Court pursuant to this order. 5. In case, the petitioner does not deposit the amount as directed above, the office shall treat this petition as dismissed. (D.K.DESHMUKH, J.) ---