1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (LODG.)NO. 260 OF 2008 IN ARBITRATION PETITION NO. 207 OF 2008 CJSC Aeroflot Cargo. ... Appellant. (Orig. Respondent) V/s. Wingspan Air Services Pvt. Ltd. ... Respondent. (Orig. Petitioner) .... Mr. Raju Ramachandran with Mr. Arjun Bhandari with Mr. Gaurav Joshi with Mr. Sunil I. Jayakar with Mr. Bimlesh K. Singh for the Appellant. Mr. Fredun Devitre, Sr. Counsel with Mr. T.N. Subramanian with Mr. Snehal Shah with Mustafa Motiwala with Rupen Kanawala with Jay Joshi i/b. Mustafa Motiwala for the Respondent. .... CORAM : DR. D.Y. CHANDRACHUD & K.U. CHANDIWAL, JJ. 13TH MAY, 2008. P.C. :- Admit. The Appeal has been taken up for hearing and final disposal with the consent of the Counsel. 2 At the hearing of the Appeal, the learned Senior Counsel appearing on behalf of the Appellant and the Respondent are agreed that in order to obviate any expression of opinion by this Court at the ad-interim stage on the merits of the issues which will arise before the learned Single Judge, parties have arrived at the following workable arrangement in substitution of the directions which have been issued by the learned Single Judge, without prejudice to their rights and contentions :- (i)Until 17th June 2008, the Appellant has agreed to carry such cargo as may be booked by the Joint Venture Company on a cash and carry basis at the existing GSSA rates applicable to the Joint Venture Company both from New Delhi and Mumbai to Moscow and onwards; (ii)Until 17th June 2008, subject to payment for the cargo booked, the Appellants shall not refuse carriage of the cargo; 3 (iii)The Respondent shall by 16th May 2008 deposit in a bank account of the Joint Venture Company which shall be earmarked for this purpose an amount of Rs.3 crores which shall be in addition to the amount of Rs.50 lakhs and Rs.78 lakhs respectively lying in the accounts of the Joint Venture Company at New Delhi and Mumbai in Kotak Mahindra Bank; and in the event that the Respondent fail to deposit an amount of Rs.3 crores by 16th May 2008, the Appellant shall not be required to carry the cargo booked by the Respondent under clauses (i) and (ii); (iv)Until 17th June 2008, the amount of Rs.50 lakhs and Rs.78 lakhs and the amount of Rs.3 crores shall not be dealt with by the Appellant or by the Respondents. A copy of the statement of account shall be furnished by the Respondent to the Appellant on or before 17th May 2008; (v)In the event of a want of space on the flight on which the 4 cargo has been booked by the Joint Venture Company, the Appellant shall carry the cargo on the next flight from the origin; (vi)The Respondents shall contact Mr. Rajeev Chaudhary of the Appellants for acceptance of cargo and payment both for Mumbai and Delhi. In view of the arrangement which has been arrived at between the parties in the aforesaid terms, on the joint request of the learned Counsel, the impugned order dated 6th May 2008 is set aside. All contentions are kept open. Parties would be at liberty to move the learned Single Judge for further orders in the Arbitration Petition. The Appeal is accordingly disposed of. (K.U. CHANDIWAL, J.) (DR. D.Y.CHANDRACHUD, J.) VACATION JUDGE VACATION JUDGE