1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 1757 OF 2007 Anand Polyrotex .. Plaintiff V/s M/s Reckitt Benckiser (India) Ltd. .. Defendant Mr.S.K. Jain for the plaintiff. Ms.Aarathy Thampy i/b Viraj Mniar Associates for the defendant. CORAM : D.G. KARNIK, J. DATE : 9TH JUNE 2009 P.C. : 1. Learned counsel for the parties agree that there is an arbitration agreement between the parties. The defendant prays that the dispute be referred to arbitration. 2. The parties are referred to the arbitration. Since the name of the arbitrator is not agreed upon, the plaintiff is directed to follow the procedure under the Arbitration and Conciliation Act, 1996 for appointment of an 2 arbitral tribunal 3. After this order was dictated in open court, the plaintiff through its counsel seeks leave to withdraw the suit and prays for refund of court fees. 4. Leave granted. The suit is disposed of as withdrawn. Refund of court fees as per rules. (D.G. KARNIK, J.)