1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. ARBITRATION PETITION (L) NO.40 OF 2008 Pulkit Samrat. ...Petitioner. Vs. Balaji Telefilms Limited. ...Respondent. .... Mr.S. U. Kamdar i/b. Media Lexicon for the Petitioner. Mr.T. N. Subramanian i/b. I.C. Legal for the Respondent. ..... CORAM :DR.D.Y.CHANDRACHUD, J. February 6, 2008. P.C.: At the hearing of the Arbitration Petition, Counsel appearing on behalf of the Petitioner and the Respondent have agreed to the following order which shall accordingly operate by consent of parties: 1. The Petitioner and the Respondent have agreed to submit all the differences and disputes arising out of the agreement dated 1st June 2006 to the arbitration of Shri U. J. Makhija, Learned Senior Advocate practising before this Court who shall act as a sole arbitrator 2 under the Arbitration and Conciliation Act, 1996; 2. All the rights and contentions of the parties are kept open to be urged in the arbitral proceedings. On the request of Counsel appearing for the Respondent, it is clarified that this would include any objections which the Respondent may have to the legality and validity of the notice of termination dated 12th January 2008 issued by the Petitioner; 3. It has been stated on behalf of the Respondent that without prejudice to the rights of the Respondent to apply before the Learned Arbitrator for an interim measure of protection under Section 17 of the Arbitration and Conciliation Act, 1996, the Respondent shall not take any coercive steps to preclude the Petitioner from seeking a commercial engagement elsewhere. In the event that any application is made before the Learned Arbitrator for an interim measure of protection, such an application shall be heard and disposed of on merits without this order being regarded as conclusive determination by the Court on the rights and contentions of the parities; 3 4. By consent, the appointment of Shri Kuldeep Singh Rathod as Arbitrator shall stand substituted by the aforesaid direction. The Arbitration petition is disposed of in the aforesaid terms since no other point is pressed. .....