M/S. Engineers And Traders v. M/S. Spencers Retail Limited

Application No.2185 of 2015 RAJIV SHAKDHER,J.

1.

Learned counsel for the parties have agreed that the application be disposed of on the following terms: (i) That the dispute between the parties be referred to the Arbitrator appointed by this Court.

(ii) That the captioned application would be placed before the Arbitrator, who will treat the said application, as one which is filed under Section 17 of the Arbitration and Conciliation Act, 1996 (in short 1996 Act).

(iii) The learned Arbitrator to pass appropriate orders in the matter including application, after hearing the parties in the matter.

(iv) The pleadings filed in this Court will be treated as pleadings filed under Section 17 of the 1996 Act. 2.

In view of the agreement arrived at between the parties, the application is disposed of with the following directions:

RAJIV SHAKDHER,J.

2.1 Hon`ble Mr. Justice K.Chandru, former judge of this Court, is appointed as an Arbitrator.

2.2. Learned Arbitrator will treat the captioned application as one filed under Section 17 of the 1996 Act. 2.3 Learned Arbitrator will fix his own fee. The burden of the fee shall be borne equally by the parties. In addition thereto, the learned Arbitrator shall also be reimbursed incidental expenses, if any, incurred, albeit, on actual basis.

3. The application is disposed of in aforementioned terms. 19.07.2016 ga Note to office:

Issue copy by 20.7.2016 Application No.2185 of 2015