cp345-10.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.345 OF 2010 ALONGWITH COMPANY APPLICATION NO.457 OF 2010 IN COMPANY PETITION NO.345 OF 2010 Pralhad Bhutada .. Petitioner versus Faber Heatkraft Industries Ltd (now Franke Faber India Ltd) .. Respondent Mr.Chetan Kapadia a/w Jayesh Mistry i/by RMG Law for the petitioner. Mr.V.R.Dhond i/by Desai & Diwanji for the respondent. CORAM: S.C.DHARMADHIKARI, J. DATE : 17th FEBRUARY 2011 P.C. When this matter was argued for sometime, upon a suggestion from the Court both sides agreed that the disputes between the petitioner and the respondent are capable of being resolved by arbitration. In such circumstances, Mr.Kapadia appearing for the petitioner seeks leave to withdraw the petition. 2 Both sides have agreed that the disputes between the cp345-10.doc 2 petitioner and the respondent be referred to arbitration by the Hon’ble Mr.Justice P.B.Sawant, Retired Judge, Supreme Court of India who shall adjudicate on the same in accordance with the Arbitration and Conciliation Act, 1996. The rival contentions on merits are kept open. The learned sole arbitrator is requested to act on an authenticated copy of this order. Petition is dismissed as withdrawn subject to above terms. 3 In light of withdrawal of the petition, company application does not survive and is dismissed as such. No costs. (S.C.DHARMADHIKARI, J)