IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 11 of 2008 Traffic Media (India) Pvt. Ltd. Having its registered office at A-27, Madhu Vihar, Paparganj, Delhi -92 Through Dinesh Karki, Deputy Manager of the Company (A duly authorized persons of the Company) …… Appellant Versus 1. Municipal Board Parishad, Nainital through its Executive Officer. 2. President, Municipal Board Parishad, Nainital ……. Respondents ……… Mr. M.C.Pande, Advocate for the appellant. Mr. D.S.Patni, Advocate for the respondents. Coram: Hon’ble V.K.Gupta, C.J. Hon’ble J.C.S.Rawat, J. V.K. GUPTA, C. J. (Oral) This Special Appeal is directed against the judgment and order dated 11.01.2008 passed by the learned Single Judge of this Court in Writ Petition No. 91 of 2008, whereby the writ petition filed by the appellant- petitioner under Article 226 of the Constitution of India was dismissed only on the ground that the agreement between the parties provided for adjudication of the disputes through Arbitration. 2. Today, when the matter came for consideration, learned counsel for both the parties have stated before us that the appeal be disposed of as settled and the following agreed order be passed: (i) The appeal is disposed of as settled. (ii) In view of the fact that there does exist an arbitration agreement between the parties, the disputes between the parties are hereby referred to the Arbitration of Mr. Sudhir Kumar, Advocate of this Court, who is hereby appointed with the consent of the parties, as a Single Member Arbitral Tribunal. (iii) He shall enter upon the reference immediately after obtaining the claims/counter-claims of the parties sand pass arbitral Award at his convenience by ensuring that it is done without undue delay. (iv) His fee is fixed at Rs. 20,000/-(Rupees Twenty Thousand only) in lump sum inclusive of everything to be paid to him by both the parties in equal shares. (J.C.S.Rawat, J.) (V.K. Gupta, C. J.) 19.02.2008 19.02.2008 A