JUDGMENT :

Heard learned counsel for the parties. An interesting question arises in the present application i.e. whether the Court could consider a prayer for extension of time to abide by a stipulation recorded in consent terms on the basis of which this Court had disposed of an earlier application, in the face of opposition by the rival party. In other words, as to whether extension of time to abide by such a stipulation recorded in consent terms could be granted only with the consent of the rival party.

2. The brief facts leading up to filing of the present application are, that disputes between the parties led to an arbitration proceeding, culminating in a consent award being passed by a learned arbitrator. The original claimant initiated execution proceedings before this Court and an interim application was moved for certain reliefs.

3. This was in the context of a development agreement executed between the parties, whereby the applicant herein was supposed to provide tenements of enhanced area to the members of the original claimant society and then to exploit the commercial component thereof. The interim application filed by the original claimant claimed certain reliefs, includ