1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Arbitration Petition No.429 of 2008 Heinz India Pvt. Ltd. ..Petitioners vs. Chordia Food Products Ltd. ..Respondents Mr.Harihar Bhave i/b Bhave and Co. for petitioners. Mr.Tejas Deshpande for respondents CORAM: S.J.KATHAWALLA J. 22nd June, 2009 P.C. This petition, which is filed under section 9 of the Arbitration and Conciliation Act, 1996, is disposed of by the following order which is passed by consent of the parties. 1. All disputes and differences arising between the petitioners and the respondents are referred to the sole Arbitrator Mr.Bharat Joshi, 2 Advocate. 2 All contentions of the parties with regard to the claim of the petitioner and counter claim of respondent are kept open. 3. The petitioners have agreed to collect and the respondents have agreed to return to the petitioners within 15 days from today the following machinery/goods: (a) (i)Autopack make Automatic Bottle Filling Machine and (ii) Gherri Gino Automatic Capping machine one in number. Along with all documents pertaining to the machines like user manual etc. (b) Packaging Material like labels (around 9 lac nos), sleeves, stickers, glass bottles, lug caps and market return finished goods (tomato Chutney and Coriander Mint), Raw materials like starch, 3 black salt, date whole, black pepper etc. 4 The petitioners shall not sell and/or create any third party rights in respect of the said autopack make automatic bottle filling machine or Gherri Gino Automatic capping machine. However, this will not prevent the petitioner from installing the said machinery at the premises of any contractor who will be carrying out the work of bottling/capping for the petitioners. The petitioners shall make an express mention of this order in the agreement/contract entered into by them with any party/contractor for carrying out the work of bottling/capping for the petitioners by using the machineries set out in clauses 3(a)(i) and (ii) above. Arbitration Petition is accordingly 4 disposed of with no orders as to costs. (S.J.KATHAWALLA J.)