JUDGMENT - N.D. VYAS, J.:---By the present petition, the petitioner is praying that the agreement/compromise/consent terms dated 3rd August, 1993 be taken on record and a decree be passed in terms thereof in Arbitration Petition No. 121 of 1991.

2. Arbitration Petition No. 121 of 1991 is filed by the petitioners therein (who are respondent No. 1 to the present petition) for judgment and decree in terms of Award dated 6th March 1991 made by the Arbitrators. The facts giving rise to the main petition, viz., Arbitration Petition No. 121 of 1991, and the present petition, viz., Arbitration Petition No. 27 of 1994, are as follows :

By an agreement in writing dated 18th October, 1980 entered into between the 1st respondents herein and the petitioner and respondent Nos. 2 and 3 herein, the petitioner and respondent Nos. 2 and 3 agreed to sell to the 1st respondents immovable property situate at Pune. Certain disputes arose between the parties whereupon the 1st respondents, by their letter dated 20th May, 1983, invoked the arbitration agreement contained in the said agreement dated 18th October, 1980 and referred the matter to the Arbitrators. As one of the Arbitrators resigned, an arbitration petition was filed for appointment of Arbitrators. Ultimately, Mr. Girish Desai and Mr. Pravin Mehta were appointed Arbitrators. The arbitration proceedings before them culminated into an Award dated 6th March, 1991. The same was declared and published by the Arbitrators on 6th March, 1991 and the same was filed with the Prothonotary and Senior Master of this Court and Arbitration Petition No. 121 of 1991 was filed by the 1st respondents for decree and judgment in terms of the Award. Respondent Nos. 2 and 3 filed Arbitration Petition No. 122 of 1991 challenging the Award and the present petitioner filed Arbitration Petition No. 7 of 1992 also challenging the Award. Thus, four proceedings are pending, viz., Arbitration Petition No. 27 of 1994, Arbitration Petition No. 121 of 1991, Arbitration Petition No. 122 of 1992 and Arbitration Petition No. 7 of 1992. However, I am concerned only with Arbitration Petition No. 27 of 1994 which was fully argued before me on 15th February, 1994 and orders were reserved. The matter, thereafter, was adjourned on a couple of occasions partly due to the settlement talks going on between the parties. Today, when the matter has been fixed for orders and has reached, an affidavit was sought to be tendered on behalf of the petitioner on the ground that subsequent events which have taken place after the hearing on 15th February, 1994 are being placed on record. I have refused to take the said affidavit on record as this Court is not concerned with the subsequent events which do not have any bearing on the question in issue between the parties.

3. It is the petitioner's case in the Arbitration Petition No. 27 of 1994 that during the pendency of the main petition, viz., Arbitration Petition No. 121 of 1991, and the subsequent petitions challenging the Award, viz., Arbitration Petition No. 122 of 1992 and Arbitration Petition No. 7 of 1992, by a writing dated 3rd August, 1993, the petitioner and the respondents, inter alia, agreed to refer the disputes in the said petitions to be decided by one Dr. Ramchand Bulchand and pursuant to the said writing dated 3rd August, 1993, various meetings were held and terms for settlement of disputes involved in the said petitions between the parties were finally sorted out, the said terms have been reduced into writing and the same have been signed by the parties. The said terms, viz., purported agreement/consent terms to be filed in Arbitration Petition No. 121 of 1991 have been annexed as Exhibit 'A2' to the present petition. It is the petitioner's case before me that the Advocates for the 1st respondents, by their letter dated 4th September, 1993, inter alia, referred to the agreement and forwarded the said consent terms to the Advocates for the petitioner and respondent Nos. 2 a

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