1 suit2566&1105-06.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.1105 OF 2006 IN SUIT NO.2566 OF 2006 ALONGWITH CHS.NO.1774/11 IN SUIT NO.1105/06 AND CHS NO.1778/11 IN SUIT NO.2566/06 Maharashtra Film, Stage & Cultural Development Corporation Ltd .. Plaintiff versus Shahab Ahmed & Ors .. Defendants Mr.N.R.Bubna for the plaintiff. Mr.S.A.Jabbar i/by Tanvir Shaikh for defendant Nos.1 and 2. Ms.Azmin Irani i/by M/s.Gajria & Co for defendant No.3. Ms.Radhika Thakkar i/by P.M.Havnoor for defendant No.4. CORAM : S.C.DHARMADHIKARI, J. 23rd November 2011. P.C.: . At the hearing of the chamber summonses seeking condonation of delay in filing the written statement, the parties were heard extensively. 2} Mr.Bubna appearing on behalf of the plaintiff on taking instructions from the plaintiff submitted that the claim in this suit is imminently fit to 2 suit2566&1105-06.doc be referred to Arbitraton. The claims of similar nature between the plaintiff and defendant Nos.1 and 2 have already been referred to arbitration and, therefore, in this case also the disputes and differences be referred to a sole Arbitrator. 3} It was made clear to Mr.Bubna appearing for the plaintiff and to defendant Nos.1 and 2 who are the contesting defendants, that an order referring the dispute and differences in the suit to the arbitration can be passed only by consent of the parties. 4} Mr.Bubna stated that he would confirm the above on specific instructions and equally, the learned advocate appearing for defendant Nos.1 and 2 also sought time to seek instructions from defendant Nos.1 and 2. 5} After they have sought instructions, the matter was taken up post recess and now it is agreed by the plaintiffs and defendant Nos.1 and 2 that the claim in these suits and the disputes and differences as between them shall be referred to the sole arbitration of Mr.S.D.Pandit, Retired Judge of this Court and Delhi High Court, who shall adjudicate 3 suit2566&1105-06.doc on the same and make his award. The Hon'ble sole Arbitrator is requested to act upon an authenticated copy of this order and make an award in accordance with the Arbitration and Conciliation Act, 1996. 6} In the light of this agreement between the parties, the suits are disposed off. There will be refund of Court fees as per the Rules. No costs. 7} Chamber Summons No.1774 of 2011 in Suit No.1105 of 2006 and Chamber Summons No.1778 of 2011 in Suit No.2566 of 2006 do not survive in the light of the disposal of the suits. Chamber summonses are disposed off accordingly. 8} Notice of Motion No.2629 of 2011 in Suit No.2566 of 2006 and Notice of Motion No.2631 of 2011 in Suit No.1105 of 2006 also do not survive in the light of the disposal of the suits. Notices of Motion are disposed off accordingly. (S.C.DHARMADHIKARI, J)