J. Chanakya And 2 ORS v. L And T Infotech Ltd

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4. ARBP 715-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.715 OF 2017 ALONG WITH NOTICE OF MOTION NO.2027 OF 2017 J. Chanakya And Others ...

Petitioners

Versus

L And T Infotech Ltd.

...

Respondent .....

Mr. Prashant C. Pandey for the Petitioners.

Mr. Shabad Khan a/w Ms. Amrita Kingaonkar for the Respondent. .....

CORAM : R.D. DHANUKA, J.

DATE : 8 JULY 2019 P. C. :

.

By consent of the parties, the following order is passed. The impugned award dated 28 February 2017 passed by the learned Arbitrator is quashed and set aside. The parties have agreed to refer dispute to mediation. The mediation to be conducted by the High Court Mediation Centre. The learned Mediator shall make an endeavor to settle the disputes between the parties arising out the agreement between the parties expeditiously and submit his report. Fees of the learned mediator payable, if any, shall be borne by the parties equally. It is made clear that if the matter is not settled before the learned mediator, the Respondent would be at liberty to invoke an arbitration agreement. In that event, the objections of the Petitioner on merits of the petition as well as

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4. ARBP 715-17.doc maintainability of the claim on the ground of jurisdiction would be kept open.

It is made clear that this Court has not expressed any view on the merits of the matter.

The Arbitration Petition is disposed of on the aforesaid terms. There shall be no order as to costs.

Office is directed to communicate this order to the Mediation Cell based on the authenticated copy of this Court. In view of the disposal of the arbitration petition, the Notice of Motion No.2027 of 2017 does not survive and the same is also disposed of. (R.D. DHANUKA, J.)