- 1 - 919.arbpl.1113.11 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (L) NO.1113 OF 2011 Digital Signage Networks India Pvt. Ltd. ..Petitioner -Versus- 1. The Union of India & Anr. ..Respondents .......... Mr.F.E.DeVitre. Senior Counsel a/w. Mr.Rohan Cama, Mr.Indu Prakash i/b C.K.Tripathi for the Petitioner. Mr.Suresh Kumar for the Respondent-Union of India. .......... CORAM : S.J. VAZIFDAR, J. DATE : 12TH OCTOBER 2011. P.C. 1 Mr.Suresh Kumar, the learned counsel appearing on behalf of the respondents states that the petitioner has now paid the entire amount of about Rs.70,18,667/- as per the respondents’ demand. Mr.DeVitre, the learned senior counsel appearing on behalf of the petitioner states that the petitioner will continue making payment as demanded by the respondents under the agreement. The payments made and to be made are, needless to state, without prejudice to the rights of the petitioner. 2 Mr.Suresh Kumar further states that tenders are to be invited by the respondents and till the tender is awarded, the petitioner shall be permitted - 2 - 919.arbpl.1113.11 to continue subject to their making payment as aforesaid. Mr.DeVitre, on the other hand contended that the respondents are not entitled to invite tenders until the expiry of the alleged term i.e. upto 31st July 2013. The same is disputed by the respondents. 3 In view of the above, Mr.DeVitre seeks leave to withdraw this petition with liberty file an application under Section 17 of the Arbitration and Conciliation Act, 1996 before the arbitrator. It is made clear that the arbitrator will consider the rival contentions and will not not be influenced by this order, in any manner whatsoever. All the rights and contentions of the parties are kept open. Liberty to apply in the event of the arbitrator not being able to consider the application under Section 17, before the tender is accepted. 4 This order, however, shall stand revoked in the event of the petitioner’s not making application under Section 17 within two weeks of being communicated in writing of the appointment of the arbitrator. -