Enhance Ambient Communications Pvt. Ltd. v. The Mobile Store Ltd. (Formerly Known As Essar Telecom Retail Ltd.) (Cin U51900mh2006plc160647)

Nitin 1 / 2 910-CP-307-2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 307 OF 2014 Enhance Ambient Communications Private Limited ...

Petitioner

Versus

The Mobile Store Limited (Formerly known as Essar Telecom Retial Limited) ...

Respondent Mr.S. Jagtani a/w. Mr. N. Sharma i/b. Dharam and Company for the Petitioner.

Mr.Zal Andhyarujina a/w. Mr.Swapnil A. Ms. Ashwini Sawant i/b. Dinesh Tiwari and Associates for the Respondent.

CORAM : S.J. KATHAWALLA, J.

DATED : 20 TH APRIL, 2015 P.C.

1.

Heard the learned Advocates appearing for the parties and the following order is passed by consent :

i.

All disputes between the parties are referred to the sole Arbitration of Mr. Ankit Lohia, Advocate.

ii. The parties and their Advocates shall appear before the learned Arbitrator in his chambers, on 21st April, 2015 at 5.00 p.m. and obtain necessary directions.

iii. The learned Arbitrator shall endeavour to pass his Award within a period of twelve weeks from the date of this order. iv. The learned Arbitrator shall be at liberty to take assistance of an

Nitin 2 / 2 910-CP-307-2014 Accountant / Chartered Accountant if need arises. v. An amount of Rs.45 Lacs deposited by the Respondent with the Prothonotary and Senior Master of this Court shall be invested in a fixed deposit account of nationalized bank initially for a period of 16 weeks by the Prothonotary and Senior Master. The said amount shall be disbursed as per the final outcome of the arbitration proceedings.

vi. The cost of arbitration shall initially be borne by the parties equally. vii.All contentions of the parties are kept open. viii. The venue of Arbitration shall be at Mumbai. The above Petition is accordingly disposed of. (S.J. KATHAWALLA, J.)