1 jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 247 OF 2010 M/s Sri Ranganathar Industries Pvt. Ltd. .. Petitioner Versus M/s Enercon (India) Ltd. .. Respondent Mr. M. B. Bhandari a/w Mr. N.M. Shah for the Petitioner Mr. Mohan Jayakar a/w ms. Nafisa Ahmed i/by Khaitan & Jaykar for the Respondent CORAM : S. J. KATHAWALLA, J. DATE : 9th September, 2010 P.C.: By consent of the parties, the following order is passed: i. The disputes which are the subject matter of this Company Petition are referred to the sole arbitration of Mr. Justice S. P. Kurdukar, Retired Judge of the Hon’ble Supreme Court of India. ii. The learned Arbitrator shall endavour to pass his Award within a period of four months from the date of the first meeting with the parties. iii. The Arbitration Proceedings shall be conducted at Mumbai. However, the learned Arbitrator may, with the consent of the parties, choose to hold some arbitration meetings/proceedings 2 outside Mumbai. iv. The parties shall bear the costs of Arbitration equally. v. In the meantime, the Respondent shall, within three weeks from today, give a bank guarantee of a nationalised bank to the tune of Rs.1.25 crores to the satisfaction of the Prothonotory & Senior Master of this Court, which guarantee shall continue to be in force until further orders of this Court. vi. All contentions of the parties are kept open. vii. The Company Petition is accordingly disposed of. However, the parties are at liberty to apply, should the need arise to do so. (S. J. KATHAWALLA, J.)