1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Suit No.1849 of 2008 with Notice of Motion No. 2158 of 2008 and Notice of Motion No.2356 of 2008 and Arbitration Petition No.395 of 2009 Bina Lal Awatramani ..Plaintiff vs. M/s Hotel Kemps Corner & ors. ..Defendants Mr.Tushar Cooper, Sr.Counsel with Mr.Shailesh paria i/b M/s Hariani and Co. for plaintiff. Ms.Anita Castclino i/b M/s Dalal and Co. for defendant nos. 1 to 3 and 5 to 9 Mr.Ankit Lohia i/b M/s Kanga and Co. for defendant no.4 CORAM: S.J.KATHAWALLA J. 15th June, 2009 P.C. 1 The suit is filed by the plaintiff for dissolution of the defendant no.1 firm. Arbitration Petition No.395 of 2008 was filed by the plaintiff against the defendants seeking reliefs under section 9 of the 2 Arbitration and Conciliation Act, 1996. 2 Today, the parties have tendered consent terms dated 12th June, 2009 in suit no.1849 of 2008 as well as Arbitration Petition No.395 of 2008 which terms are taken on record and marked X for identification. 3 By the said consent terms, the respondents named therein are sought to be joined as party respondent nos. 8 and 9 to the arbitration petition. The respondents are allowed to be joined as respondent nos. 8 and 9 to the arbitration petition. Petitioner to carry out necessary amendments to the arbitration petition within one week from today. 4 Under the consent terms the parties have agreed to withdraw suit no.1849 of 2008 and have also agreed to refer all their disputes to the sole arbitration of Mr.Pradip Sancheti, Advocate as set out in the consent terms. 3 5 The consent terms are signed by the petitioner, respondent nos.1 to 9 and their respective Advocates. 6 In view thereof, the suit as well as the Arbitration Petition are disposed of in terms of the consent terms at X. Undertakings given in paragraph 8 of the consent terms are accepted. Consequently suit no.1849 of 2008 is dismissed as withdrawn. The plaintiff shall be entitled to refund of Court fees as per rules. Notice of Motion nos. 2158 and 2356 of 2008 filed in suit no.1849 of 2008 shall not survive. 7 Arbitration Petition No.2171 of 2008 filed under section 11 of the Arbitration and Conciliation Act shall also not survive. (S.J.KATHAWALLA J.)