1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION NOTICE OF MOTIION NO. 4833 OF 2007 IN SUIT NO. 3237 OF 2007 Trepko A/s. Denmark. .... Plaintiffs. V/s. M/s. Trepko Micron Industries Pvt. Ltd. & Ors. .... Defendants. ....... Mr. Samir A. Vaidya for the Plaintiffs. Mr. M.P. Rao with Mr. Siddharth Shah i/b. Siddharth Shah & Associates for the Defendants. ........ CORAM : DR. D.Y. CHANDRACHUD, J. 21ST JANUARY 2008. P.C. :- This is a motion under Section 8 of the Arbitration and Conciliation Act, 1996. 2. The agreement between the parties dated 18th May 2004 2 contains an Arbitration clause to the following effect :- “14. Any dispute or difference or claim arising out of or in relation to this agreement including the construction, validity, performance or breach thereof, which the parties hereto cannot settle by reaching a mutual understanding, shall be referred to the Indo-Foreign Company Chamber of Commerce, for settlement under the Arbitration Rules then in force, and the award of the Arbitration Court of the Chamber shall be final and binding on both the parties to this agreement.” By a letter dated 19th September 2007, the Defendants to the Suit have raised a claim against the Plaintiffs. 3. The suit has been instituted for a permanent injunction restraining the First Defendant from using the trade name “Trepko” belonging to the Plaintiffs or passing off goods in the trade name of the Plaintiffs. A mandatory injunction has been sought against the First Defendant directing that necessary steps be taken with the Registrar of Companies for deleting the name “Trepko” from the corporate name of the First Defendant. There is a prayer for damages in the amount of Rs.10 lakhs. The provisions contained in clause 14 of the agreement 3 clearly evince an intention on the part of the parties to resolve their dispute through arbitration. In terms of the provisions of Section 8 of the Arbitration and Conciliation Act, 1996, there shall be a reference to an Arbitration. Counsel appearing on behalf of the Defendants states that necessary steps would be taken for the appointment of an Arbitrator under Section 11 of the Act. 4. On behalf of the Defendants, it has been stated that the Defendants shall forthwith comply with clauses 7 and 8 of the resolution that was passed on 16th March 2007 at the meeting of the Board of Directors of the First Defendant. The statement is accepted. 5. The Notice of Motion shall accordingly stand disposed of. ------