1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.975 OF 2009 M/s.Go Airlines (I) Ltd. ....Petitioner V/s. M/s.Gammon Logistics Ltd. ....Respondent Mr.Zal Andhyarujina i/b M/s.Crawford Bayley & Co. for the Petitioner. Mr.Shiraz Rustomjee with Mr.Subodh S. Kurdukar for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 23RD JUNE, 2010. P.C. :- 1. Both the counsel state that they have authority from their respective clients to request the Court to pass the following order :- i). All the disputes and differences between the parties as contained in the petition, affidavits filed therein and the documents referred to or annexed thereto and all the claims, counter-claims and/or set off of each of the parties against the other are hereby referred to the sole arbitration of Mrs.Justice S.M. Manohar (Retd.). The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 or any modification or statutory enactment thereof. ii). The Respondents agree to furnish pay orders/demand drafts within a period of two weeks from the date hereof (and payable immediately upon being furnished) for the amounts of Rs.8,09,529/- and Rs.11,20,243/- to replace the cheques for the said amounts both dated 2 10th July, 2009 already provided to the Petitioner, which have lapsed. It is agreed that furnishing of the said pay orders and encashment thereof shall be entirely without prejudice to the rights and contentions of the parties and shall not prejudice the claims, counter-claims and set off that may be claimed before the Arbitrator. iii). The statements of the learned counsel that this order be considered to be an agreement to refer to the arbitration in writing and in accordance with the provisions of the said Act are accepted. It is so ordered. 2. The Company Petition is accordingly disposed of.