arbp-lod-156-11.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION LOD.NO.156 OF 2011 Hindustan Paper Corporation Ltd .. Petitioner Versus Rashtriya Chemicals & Fertilizers Ltd .. Respondent Mrs.V.J.Chavan i/b. Chavan & Co. for petitioner Mr.Bomi Patel with M.S.Bodhanwalla & Mrs.Prachi Raj Mhatre i/b. M.S.Bodhanwala & Co. for respondent CORAM: S.C.DHARMADHIKARI, J. DATE : 3rd MARCH 2011 P.C. . This petition under section 9 of the Arbitration and Conciliation Act, 1956 was placed before me for interim measures. 2 Upon noticing that both, the petitioner and the respondent are Government of India Companies/Undertakings, a suggestion was made to them to put an end to their disputes amicably and particularly with a view not to burden public funds for a prolonged arbp-lod-156-11.doc 2 arbitral reference. 3 The matter was placed today for interim measures and adjournment on the last occasion was granted to find out if any agreed figure can be stated so that if the said figure is accepted the amount would be remitted forthwith. 4 There is no dispute that the premises are owned by the respondent, but the possession thereof has not been handed over is the grievance of the respondent. On the other hand, the petitioner stated that it has made all attempts to hand over the possession, but certain disputes were raised. 5 After some arguments, both sides agreed that if the petitioner pay to the respondent a sum of Rs.4,00,000/- within a period of ten days from today, the said amount will be accepted in full and final settlement by the respondent of all its claims against the petitioner. Equally, the petitioner will have no claims against the respondent. The petitioner to hand over the possession of the arbp-lod-156-11.doc 3 premises after removal of their papers, documents and records within a period of one week from today. 6 In the light of this agreed position, both sides state that there is no need for referring the matter for arbitration. Equally, the petitioner also does not press for any interim measures. This order is passed in the peculiar facts of this case and bearing in mind that both the entities are public sector undertakings. This order will not be treated as precedent in future cases and particularly where the respondent gives its premises on leave and licence basis. 7 In view of the above observations, the petition is disposed off. No order as to costs. (S.C.DHARMADHIKARI, J)