( 1 ) LEAVE granted. ( 2 ) WITH consent of the learned Counsel for the parties the appeal is taken up for final disposal forthwith. Though the appeal arises from an interim order of the High Court dated 07th October 1999 passed in F. M. A. No. 410 of 1999, there is a happy end to the controversy between the parties and they have filed consent Terms according to which the main dispute between the parties is sought to be resolved amicably. The Consent Terms are taken on record. ( 3 ) ACCORDINGLY, as agreed to between the parties, the Appellant herein shall pay an amount of Rs. 70. 38 Lakhs to Respondent no. 1 towards full and final satisfaction/settlement of the claim of Respondent no. 1 as on date, against the appellant. ( 4 ) THERE will be an order in terms of the Consent Terms incorporating all the conditions from serial No. 1 to 5 as stated in the Consent Terms placed before us. CONSENT TERMS in supersession of the judgment and order dated 7. 9. 1999 (7 October 99?) passed by the Division Bench of the Calcutta high Court in F. M. A. No. 410 of 1999, the judgement and order dated 21. 7. 1999 passed by the Additional Dist. Judge, 5th court, Alipore in Title Suit No. 2 of 1999 as well as the Arbitral Award passed by the Learned Arbitral Tribunal dated 21. 8. 1997 and by agreement of parties, to put a final Seal on the controversy, the special Leave Petition is disposed of with the following directions: 1. The parties agree that in terms of the agreed settlement, the total figure payable by the Petitioner to the Respondent no. 1 shall be Rs. 70. 38 lakhs as on 14. 12. 1999 in full and final settlement. It will be open to the petitioner to make the payment forthwith. Interest @ 12% from 15. 12. 1999 will be carried on an amount of Rs. 50 lakhs until the date of actual payment. 2. It is agreed that the outer limit of the period of payment will be three weeks from date, i. e. : 03. 01. 2000 at 12 noon. 3. The Petitioner undertakes to withdraw the Appeal filed by him before the calcutta High Court being F. M. A. No. 410/99. 4.
50 lakhs until the date of actual payment. 2. It is agreed that the outer limit of the period of payment will be three weeks from date, i. e. : 03. 01. 2000 at 12 noon. 3. The Petitioner undertakes to withdraw the Appeal filed by him before the calcutta High Court being F. M. A. No. 410/99. 4. There will be an order of injunction in respect of the disputed property with regard to alienation and/or creation of any third party interest, till full and final payment of the aforesaid sum is made by the Petitioner. 5. In default of the Petitioner making payment of the agreed sum as aforesaid, the award passed by the learned Arbitral Tribunal will become executable. Accordingly, the Special Leave Petition is disposed of with no order as to costs.