M S Jetway Broadband India Pvt. Ltd v. M S Dinesh Engineers Pvt Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 166 OF 2023 M/S Jetway Broadband India Pvt. Ltd.

through its Directors ...

Petitioner

Versus

M/S Dinesh Engineers Pvt. Ltd.

through its authorised representative ...

Respondent Krishnaveni Krishna for the Petitioner.

Satyadev D. Joshi a/w Shejal V. Nag for the Respondent. CORAM : R.I. CHAGLA, J.

DATED : 5th SEPTEMBER, 2023.

ORDER :

The Petitioner and the Respondent have arrived at settlement in the Arbitration Petition. Consent Terms bearing today's date have been tendered and are taken on record and marked 'X' for identification. The Consent Terms have been signed by the Petitioner and the Advocate for the Petitioner as well as by the Respondent and the Advocate for the Respondent. The signatories to the Consent Terms are present in Court.

1/3

Appended to the Consent Terms is the resolution passed at the meeting of Board of Directors of the Respondent Company held on 18.08.2023 authorising the signatory to the Consent Terms to execute the Consent Terms. Further appended to the Consent Terms is Demand Draft of Rs.5 lakh which have been paid by the Respondent to the Petitioner and which payment is duly received and acknowledged by the Petitioner as mentioned in Clause 4 and in particular clause 4.2 of the Consent Terms.

Arbitration Petition No.166 of 2023 is disposed of in accordance with the Consent Terms.

A soft copy of the Consent Terms will be uploaded as the second order in the matter.

The Registry is to ensure that the hard copy of the signed Consent Terms is permanently retained on file as part of the record and is not sent for destruction in the ordinary course. Court fees are to be refunded in accordance with the Rules. For the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso to that Section, today's date is the date of making a claim for repayment. The Prothonotary & Senior Master will issue a certificate for a 2/3

refund of Court Fees computed according to the Rules. He will act on production of an authenticated copy of this order without requiring a separate application.

(R.I. CHAGLA, J.) Digitally signed by WAISHALI SUSHIL WAGHMARE Date:

2023.09.08 17:41:32 +0530 WAISHALI SUSHIL WAGHMARE 3/3