1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Suit No.1774 of 2008 with Notice of Motion No. 2471 of 2008 M/s Mahavir Construction Company ..Plaintiffs vs. M/s G.E.Capital TFS Ltd. ..Defendants Mr.K.H.Giri for plaintiffs Mr.Hemant Prabhulkar i/b M/s Juris Consulates for defendants. CORAM: S.J.KATHAWALLA J. 1 st July, 2009 P.C. 1 The suit is disposed of by the following order which is passed by consent of the parties. i)All the disputes raised in the suit as well as the disputes arising between the parties in respect of (i) Master Security and Loan Agreement Nos. Z804859 to 60/Z804862 to 866 dated 27 th 2 August, 2004, (ii) Master Security and Loan Agreement Nos.Z00804136 to Z00804140 dated 3 rd June, 2004 and (iii) Master Security and Loan Agreement No.Z0039942 dated 30 th May, 2002 are referred to the sole arbitration of Mr. Rahul Narichania, Advocate. The venue of the Arbitration will be at Mumbai. ii) The parties shall bear the costs of arbitration equally. iii) The defendants shall within a period of one week from today issue N.O.C. to R.T.o. and Insurance Company in respect of 5 dumpers and 7 plant and machineries as described in paragraphs 3 and 4 of the plaint certifying therein that 3 they have no claim of whatsoever nature in respect of the said dumpers and/or plant and machineries. However, this will not preclude the defendants from making a monetary claim against the plaintiffs before the Arbitrator arising out of the aforesaid three agreements. iv)The learned Arbitrator is requested to pass his Award within a period of sixteen weeks from today. 2 In view thereof the suit stands disposed of with no orders as to costs. 3 In view thereof notice of motion no. 2471 of 2008 also stands disposed of. (S.J.KATHAWALLA J.)