Prime Guard Security Srevices Pvt Ltd, Thr. Managing Director, Nagpur v. Kasturba Health Society, Thr. Its Secretary, Sevagram, Wardha
1 mca 552.25
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, AT NAGPUR.
MISC. CIVIL APPLICATION (ARBN) NO. 552 OF 2025 ( Prime Guard Security Services Pvt. Ltd., Nagpur ..vs.. Kasturba Health Society, Wardha ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Uttam Chakravarty, Counsel for the applicant, Mr. J.R. Kidilay, Counsel for the non-applicant. CORAM : NIVEDITA P. MEHTA, J.
DATE : 01-12-2025 The applicant has filed the present application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking the appointment of an Arbitrator to resolve the dispute between the parties under Clause 32 of the Agreement dated 12.10.2023.
2.
During the pendency of the said application, the parties have amicably settled the dispute. In view thereof, the applicant has filed an affidavit dated 25.11.2025, recording the terms of settlement. Paragraphs 3 and 4 of the affidavit read as follows: "3 That, as per the terms and conditions agreed between the parties, the Applicant - PRIME GUARD SECURITY SERVICES PVT. LTD, undertake assure that any previous employee employed with PRIME GUARD SECURITY SERVICES PVT. LTD during the course of work order executed on 18.07.2019 and thereon for "Providing
2 mca 552.25 Security Services in the premises of Kasturba Health Society & MGIMS, Sevagram" with Respondent - KASTURBA HEALTH SOCIETY, claiming gratuity benefits, shall be the liability of PRIME GUARD SERVICES PVT. LTD subject to the event that the Security Deposit vide FDR No.42322844970 held as security by the Respondent - KASTURBA HEALTH SOCIETY is released in favour of Applicant - PRIME GUARD SECURITY SERVICES PVT along with accrued interest therein.
4.
That, the aforesaid undertaking shall come into effect from the date the Security Deposit vide FDR No.42322844970 held as security by the Respondent - KASTURBA HEALTH SOCIETY is released in favour of Applicant - PRIME GUARD SECURITY SERVICES PVT." 3.
In view of the settlement between the parties, the present application stands disposed of in terms of the affidavit filed by the applicant. No order as to costs.
(NIVEDITA P. MEHTA, J.) adgokar