- (1.) Leave granted.
(2.) The respondent had filed a suit in the Bombay High Court, being Suit No.1927 of 2007, against the appellant and some others seeking a declaration that a development agreement dated 27.12.2004 together with a Power of Attorney of even date had stood terminated, and for certain other reliefs.
(3.) On 3.10.2008, the parties to the suit entered into consent terms largely settling the disputes between them. However, with regard to two specific differences, the plaintiff and defendant No.1 agreed to refer the said differences to the arbitration of a retired Supreme Court Judge as follows:- "8). The Plaintiff and the Defendant No.1 agree to and hereby do refer to Arbitration of Mrs. Justice Sujata Manohar (Retd.) the dispute as to (i) the difference in carpet area of the 5 flats agreed to be allotted as per the Development Agreement dated 27-12-2004 being Exhibit-B to the Plaint by Defendant No.1 to the Plaintiff and his family members (i.e. 800 sq. ft. area) as provided in the said Development Agreement dated 27-12-2004 and the actual carpet area of the said 5 flats hereby allotted and handed over and (ii) the valuation of the deficient area if any, and the damages for the same. The Learned Arbitrator to make an award with regard to the compensation and the damages to be paid by Defendant No.1 to the plaintiff for the deficient area, if any, Defendant No.1 shall not raise any dispute as to the jurisdiction of the arbitrator. The Arbitrator shall decide the same as expeditiously as possible in accordance with law and under the provisions of the Arbitration & Conciliation Act, 1996." The said consent terms were taken on record by a Single Judge of the Bombay High Court who passed an order dated 8.10.2008 disposing of the suit in the following terms: "1. Pursuant to the suggestion given by this Court, parties were exploring the possibility of settlement and therefore the matter was kept part heard. 2. Today, the parties are tendering Consent terms. Consent terms are taken on record and marked "X" for the purpose of identification. Consent Terms are signed by the Plaintiff, Defendant No.1, Defendant No.3 and their respective Advocates. Undertakings, if any, given in the Consent terms by any of the parties is accepted. Decree is passed in terms of the consent terms. 3. In respect of the dispute regarding compensation, the matter by consent is referred to Mrs. Justice Sujata Manohar (Retd.) for arbitration. The issue regarding the allotment of parking spaces or plaintiffs returning the promissory note can also be decided by the learned arbitrator. Plaintiff is permitted to withdraw the amount which is deposited by Defendant No.1 and which is lying in the suspense account of Oriental Bank of Commerce, Khar Branch, Mumbai. 1. Plaintiff and Defendants are present in court. 2. Suit is disposed off in the aforesaid terms. 3. Refund of court fees be paid in accordance with the rules. 4. Since the suit itself is disposed of, Notice of motion if any, does not survive and the same is also disposed of.";