IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 AR.No. 7 of 2009( ) -------------------------- PETITIONER(S): ----------------------- INSTITUTE OF SMALL ENTERPRISES & DEVELOPMENT(ISED), REP. BY ITS DIRECTOR, ISED, ISED HOUSE, ISED ROAD, VENNALA, COCHIN-682 028. BY ADV. SRI.ALEXANDER THOMAS RESPONDENT(S): ------------------------ NATIONAL COUNCIL OF APPLIED ECONOMIC RESEARCH (NCAER), REP. BY ITS SECRETARY, NCAER 11- INDRAPRASTHA ESTATE, PARISILA BHAVAN, NEW DELHI-110 002. R1 BY ADV. SRI.N.NAGARESH THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 01/12/2011, THE COURT ON PASSED THE FOLLOWING: DG AR.No. 7 of 2009( ) APPENDIX PETITIONER'S ANNEXURES: ANX.A-1 - COPY OF THE MEMORANDUM OF UNDERSTANDING (MOU) EXTENDED BETWEEN THE PARTIES. ANX.A-2 - COPY OF THE LETTER DATED 15.07.2008 ISSUED BY THE RESPONDENT. ANX.A-3 - COPY OF THE LAWYER'S NOTICE DATED 05.11.2008 ISSUED ON BEHALF OF THE RESPONDENT. ANX.A-4 - COPY OF THE LAWYER'S NOTICE DATED 20.11.2008 ISSUED ON BEHALF OF THE APPLICANT ANX.A-5 - COPY OF THE REJOINDER NOTICE DATED 10.12.2008 ISSUED BY THE RESPONDENT. ANX.A-6 - COPY OF THE NOTICE DATED 20.12.2008 ISSUED ON BEHALF OF THE APPLICANT. ANX.A-7 - COPY OF THE LETTER DATED 20.12.2008 SENT BY THE APPLICANT. ANX.A-8 - COPY OF THE LETTER DATED 19.01.2009 ISSUED BY THE DEPARTMENT OF POSTS. ANX.A-8 - COPY OF PANEL OF NAMES OF PERSONS PROPOSED FOR APPOINTMENT AS ARBITRATOR. ANX.A-9 - COPY OF THE RESOLUTION DATED 05.08.2008 OS ISED (REPLY AFFIDAVIT OF THE APPLICANT) RESPONDENT'S ANNEXURES - NIL /TRUE COPY/ P.A.TO JUDGE DG S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - A.R. No.7 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of December, 2011 O R D E R In this Arbitration Request, the parties expressed a desire to try settlement through mediation. Accordingly the matter was referred to the Kerala Mediation Centre. The Mediator designated by the Kerala Mediation Centre has filed a report producing a Memorandum of Settlement between the parties dated 27.11.2011, which reads as follows: “1. The applicant, Institute of Small Enterprise and Development (hereinafter called ISED), and the respondent, National Council of Applied Economic Research (hereinafter called NCAER) had entered into a Memorandum of Understanding on 29.04.2008. As per which the NCAER sought the service of the ISED to canvass the questionnaire of FDI Enabled production units amongst FDI firms located in the States of Karnataka, Tamilnadu, Andhra Pradesh and Kerala. In the MOU the NCAER had undertaken to provide 900 copies of FDI-Enabled Production Units Questionnaire and the filled-in questionnaires will be subject to scrutiny by the NCAER. ISED is entitled to Rs.550/- for each completed questionnaire. An amount of Rs.1,75,000/- being 40% of the estimated total budget was given as advance and the ISED started the work. As per the MOU the work was to be completed by 15.6.2008. 2. As per the NCAER out of the 1st lot of 148 filled in questionnaires delivered, only 35 questionnaires were found satisfactory. Thereupon correspondences were made between the ISED AND NCAER, the former demanding release of the 2nd instalment as provided under the MOU and the latter requiring rectification of the mistake. The dispute among themselves reached a point wherein the ISED stopped its work and the NCAER terminated the contract with ISED. Accordingly the A.R. No.7 of 2009 -2- work could not be proceeded further. The dispute between the parties led to the filing of the above Arbitration Request. 3. In the mediation talks held on 26.11.2011 and 27.11.2011, the ISED was represented by its Director Dr. P.M. Mathew and the NCAER was represented by its authorized representative, Mr. Girish Chander Kuhulbe, Senior Executive (HR and Administration), Counsels of both parties were also present. 4. The matter was elaborately discussed and both sides agreed not to press their respective claims any further. It was decided that whatever services rendered by each party is acknowledged and accepted and to write off whatever loss sustained by each party as a goodwill gesture and for future co- operation among themselves. Accordingly the ISED is not pressing the above Arbitration Request and it can be dismissed as not pressed and without costs. The NCAER also will not raise any claim against the ISED in the above said matter.” The parties request that the Arbitration Request be disposed of in terms of the said settlement. In the above circumstances, this arbitration request is disposed of in terms of the settlement. The learned counsel for the applicant submits that the applicant would like to pay some amount to the Kerala Mediation Centre in recognition of the commendable service rendered by the Kerala Mediation Centre. Accordingly, the applicant is permitted to pay an amount of Rs.10,000/- as agreed to, to the Mediation Centre. Sd/- S. SIRI JAGAN JUDGE //True copy// shg/ P.A. TO JUDGE