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ARB.P. 396/2012 & LA 12508/2013(by respondent for dismissal of petition)
OSS AIR MANAGEMENT PVT LTD Petitioner
Through: Mr D. Bhattacharya, Adv.
Through; Mr Irshaan S. Kakar, Adv.
OSS AIR MANAGEMENT PVT LTD Petitioner
Through: Mi" D. Bhattacharya, Adv.
Through: Mr Irshaan S. Kakar, Adv.
10.12.2013
ORDER
1. Learned counsels for the parties are agreed that the captioned petitions can be disposed of with the following agreed directions:
(i) The parties be referred to Delhi High Court Mediation & Conciliation
Centre (Centre). In case a settlement is aiTived at between the parties, the parties will abide by the terms of the settlement qua disputes raised in the captioned petitions.
(ii) In case, the attempt at mediation fails, the parties are agreed that they will proceed to arbitration. ARB.P. 396/2012 & OMP 991/2012 2013:DHC:7160
(iii) This court should appoint an arbitrator in the matter, who would enter upon reference only upon due intimation being given by either party to the arbitrator that mediation has failed in the matter.
(iv) Pending the mediation, or upon its failure, during the arbitration, the interim order dated 07.11.2012 passed in both the petitions shall continue to operate.
(v) In the event there is no settlement reached before the mediator, the arbitrator will adjudicate upon OMP No. 991/2012 by ti'eating the same as an application under Section 17 of the Arbitration & Conciliation Act, 1996 (in short the Act). The arbitrator will pass appropriate orders after hearing both sides; albeit in accordance with law. Pending the disposal of the petition/ application interim order dated 07.11.2012 will continue to operate.
2. The captioned petitions are disposed of in terms of the agreed directions, as indicated hereinabove. Needless to say, the parties shall be free to prefer their claims and counter claims, if any, before the arbitrator who shall decide the same in accordance with law. This eventuality would arise, as is clear, only if mediation fails.
3. For the aforesaid purpose, the parties and their counsel shall appear before the Centre on 16.12.2013 at 3.00 p.m. The mediator shall try to resolve the matter in the next two months, i.e., latest by 16.02.2014. ki case there is a settlement, the mediator shall approach the registry for having the matter placed before the court. In case there is no settlement by that date, either party shaU be at liberty to approach the arbitrator.
4. In terms of the above settlement, Mr Lai Singh, ADJ (Retd.) (Mb. No. 9910384617), is appointed as an arbitrator, who shall enter upon ARB.p. 396/2012 & OMP 991/2012 Page 2 oH reference, only upon, either party approaching him in that behalf Learned counsels for the parties are also agreed that the arbitration proceedings should be governed by the rules and fee schedule pirescribed by the Delhi International Ai'bitration Centre. It is ordered accordingly.
5. The petitions and the application are, accordingly, disposed of i/ DECEMBER 10, 2013 kk ARB.P. 396/2012 & OMP 991/2012 RA^IV SHAKDHER, J