1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION NOTICE OF MOTION NO. OF 2008 WITH SUIT (LODG.) NO. 168 OF 2008 Shree Mohit Industries. .... Plaintiffs. V/s. M/s. Reliance Communications Infrastructure Ltd. .... Defendant. ....... Mr. S.S. Dube with Mr. N. Dube for the Plaintiffs. Mr. J.J. Bhat, Sr. Counsel with Ms. Anjali Chandolkar i/b. Mulla & Mulla & CBC for the Defendants. ........ CORAM : DR. D.Y. CHANDRACHUD, J. 17TH JANUARY 2008. P.C. :- Counsel appearing on behalf of the Defendants states that payment under the five bank guarantees which were invoked on 10th January 2008 has been received today. Counsel appearing on behalf of the Plaintiffs fairly accepts that in view thereof, the relief that has been sought in the Notice of Motion cannot be granted and that the Motion is 2 deferred infructuous. There is an arbitration clause contained in the agreement between the parties and in terms of the provisions contained in clause 34 of the agreement, Counsel appearing on behalf of the Plaintiff and Counsel appearing on behalf of the Defendants have agreed, upon instructions that all the disputes and differences between the parties may be referred to arbitration by Shri Justice V.G. Palshikar, Former Judge of this Court. The Arbitration will be governed by the provisions of the Arbitration and Conciliation Act, 1996. No further reliefs are therefore pressed in the suit in view of the reference to arbitration. The Suit shall accordingly stand disposed of in terms of the reference to arbitration. All the rights and contentions of the parties are kept open to be urged in the arbitral proceedings. Both the Suit and Notice of Motion shall accordingly stand disposed of. There shall be a refund of Court fees, if any, as per rules.