Kirti J. Shah v. Harinarayan Bajaj

JYOTI PRAKASH PAWAR by JYOTI PRAKASH PAWAR Date: 2023.07.05 11:16:45 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 879 OF 2006 IN ARBITRATION PETITION NO. 368 OF 2004 Kirti J. Shah ... Appellant V/s.

Harinarayan Bajaj ... Respondent WITH CROSS OBJECTION (L) NO. 21 OF 2010 IN APPEAL NO. 879 OF 2006 IN ARBITRATION PETITION NO. 368 OF 2004 Harinarayan Bajaj ... Petitioner V/s.

Kirti J. Shah ... Respondent Mr. Simil Purohit with Vishal Pattabiraman i/b. M/s. Purohit & Co. for the Appellant/Petitioner Ms. Sonal i/b. Vivek M. Sharma for the Respondent CORAM : NITIN JAMDAR , ACJ & ARIF S. DOCTOR, J.

DATE : 03 JULY 2023

P.C. :- The matter is placed on board for filing consent terms. By order dated 26 June 2023, the Prothonotary and Senior Master was directed to depute an officer to examine whether the consent terms are in order as regards the signatures, etc. 2.

Registry has certified after examination that the consent terms have been duly signed and Vakalatnama resolutions are in place.

3.

The learned Counsel for the Respondents states that all parties have signed the consent terms.

4.

We have perused the consent terms. The Arbitral Award was on monetary terms and the parties have agreed to settle the dispute on monetary terms which have been referred to in the consent terms. We do not find that there is anything illegal in the said consent terms.

5.

All the undertakings are accepted. The consent terms are accordingly taken on record and marked 'X'. 6.

Both the Appeal and the Cross Objection are admitted and are disposed of in terms of the consent terms. We make it clear that these consent terms will not permit the parties to override any

provision of law neither they would be binding on the parties who are not signatories to the consent terms.

7.

Appeal and the Cross Objection are accordingly disposed of.

ARIF S. DOCTOR, J.

ACTING CHIEF JUSTICE