1 wp 2693-2010.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2693 OF 2010 Bharat Sanchar Nigam Limited & Anr. ..Petitioners vs. Shri Kashinath Bashetteppa & Anr. ...Respondents Mrs.N.V. Masurkar for the Petitioners. Mr.Jaydeep Deo for Respondent Nos.1 and 2. CORAM:- B.R. GAVAI, J DATED :- MARCH 23, 2011. P.C. 1 Rule. Rule made returnable forthwith. Heard by consent. 2 The petitioner challenges the order dated 16th December, 2009 passed by the 2nd Joint Civil Judge, Senior Division, Pune, below Exhibit-11 in Special Civil Suit No.432/2009 thereby rejecting the application filed by the present petitioners to refer the dispute to the arbitrator. 3 During the pendency of the present petition, in view of the 2 wp 2693-2010.sxw arbitration clause in the agreement between the parties, the parties have agreed that the matter needs to be referred to the arbitration as provided under the agreement. The petitioner has filed an undertaking stating therein that they have appointed Shri N. Chandran, Deputy General Manager (TR) BSNL, Pune, as Arbitrator to decide the dispute between the parties. They have further undertaken that the arbitrator shall pass award within six months from the date of issue of appointment order. The said undertaking is taken on record and marked “X” for identification. 4 The respondent has filed an affidavit stating therein that they would withdraw the Special Civil Suit No.432/2009 with liberty to proceed with the dispute before the arbitrator as per Clause 33 of the agreement dated 9th January, 2003. The said affidavit is taken on record and marked “X-1” for identification. 5 In that view of the matter, the petition is disposed of as under :- 1) The petitioner shall appoint the arbitrator named in the undertaking as Arbitrator within a period of two weeks from today. 3 wp 2693-2010.sxw 2) The said Arbitrator shall pass Award within six months from today. 3) The respondent shall be permitted to withdraw the suit and shall be entitled to refund of court fees as per Rules. 6 The petition is allowed with costs which are quantified at Rs. 15,000/- to be paid to the respondent within a period of four weeks from today. Rule is made absolute in the aforesaid terms with no orders as to costs. (B.R. GAVAI, J)