JUDGMENT

S.J.Kathawalla, J. - I In the present Appeal, the Appellant has purported to challenge the impugned Judgment and Order dated 3rd July, 2020 ('the impugned Order') passed by the learned Single Judge of this Court. The impugned order disposed of two Petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996 ('the Act') challenging an Award dated 16th September, 2020 ('the impugned Award'). The impugned Judgment and Order was passed on an Interim Application made by the Respondent in the said Petitions under Section 34 of the Act on premises analogous to Order XXIII Rules 1 & 3 of the Code of Civil Procedure, 1908 ('CPC, 1908') to record the compromise/settlement arrived at between the parties. The learned Single Judge was pleased to allow the said Interim Application and disposed of the Petitions, being Commercial Arbitration Petition Nos.1600 of 2019 and (L) No.71 of 2020.

II FACTUAL BACKGROUND :

2. The facts which led to the passing of the impugned order are briefly set out hereunder :

2.1 On 15th October, 2005, the parties entered into a contract for Collection and Transportation of Municipal Solid Waste from the City of Bhiwandi Nizampur. On 1st October, 2011, the Petitioner terminated the contract with the Respondent. The termination was challenged by the Respondent before this Court by way of Writ Petition No.8272 of 2011, where interim protection was granted. In the meantime, claims were also made by the Respondent for payment as per the Contract requirement. By an order dated 22nd July, 2014, this Court in its writ jurisdiction was pleased to refer all disputes to arbitration by the sole arbitrator.

2.2 On 16th September, 2019, the proceedings culminated into the impugned Award. By the impugned Award, inter alia the Respondent's claim for non-payment of bills was allowed along with interest. The Respondent challenged the Award partially, to the extent of the rejected claims. The Petitioner also challenged the award.

2.3 In or around December, 2019, attempts were made to resolve the disputes inter se and finally settle the matter in the mutual interest of all the parties concerned. On 21st January, 2020, the Respondent also made a compromise proposal before the Appellant. Accordingly, the then Municipal Commissioner put up the proposal before the Standing Committee to consider settlement of all disputes with the Petitioner.

2.4 On 18th February, 2020, the Standing Committee of the Appellant after considering all relevant factors as recorded therein (including the opinion of learned Senior Counsel) was pleased to pass the Standing Committee Resolution No.190 by which the compromise between the parties was accepted.

2.5 The Standing Committee Resolution No.190 records as under :

"1. The contractor M/s. Antony Waste Handling Cell Pvt. Ltd., accepts the said dispute amount of Rs.15,00,00,000/- as full and final settlement.

2. Both parties will withdraw the Commercial Arbitration Petition filed in the Hon'ble High Court and in future, they will not make any Court claim or demand in this matter.

3. In accordance to the compromise, the Agreement in this regard is being cancelled by mutual consent. It will not be treated as default of the contractor.

4. Approval of the Hon'ble Court will be taken for these terms." (Office Translation)

2.6 The Resolution further records that the decision of the compromise would come into effect immediately, without waiting for confirmation of the minutes. Thus, the Standing Committee took a determinative decision on the compromise as per Section 481(h) of the Maharashtra Municipal Corporation Act, 1949 ("MMC Act"). The resolution was accepted by the Respondent on the same day.

2.7 Pursuant thereto, in or around March, 2020, the parties exchanged Draft Consent Terms in the form of Consent Minutes of the Order that would form the record of this Court and place its imprimatur on the settlement arrived between the parties so as to put an end to the lis. The same were finalized in or a