M/S NEEL INTERNATIONAL v. SPANCO BPO SERVICES LTD

1. As directed, Mr. Kapil Puri is present in Court on behalf of the respondent.

2. Mr. Akhil Bhardwaj, partner of the petitioner firm, is also present in Court.

3. Counsels for the parties, based on instructions, have agreed that the petitions could be disposed of with the following agreed directions: 3.[1] That this Court should appoint an independent arbitrator. ARB.P. 490/2013 & OMP 683/2013 page / of[3] 2013:DHC:8435 3.[2] In respect of the premises, in issue, the respondent shall remove all its articles from the first, second and third floors on or before 31.1.2014. 3.[3] The possession of the ground floor and upper basement floor, located in the premises in issue, shall be handed over to the petitioner within three weeks from today. 3.[4] The petitioner would be paid a sum of Rs.[9] lacs per month. In other words, Rs.[3] lacs in respect of each of the tln-ee floors, i.e. first, second and the third floor, which the respondent wishes, to hold, as indicated above, till 31.1.2014. This will be treated as use and occupation charges. 3.[5] It is made clear that the compensation for use and occupation charges will commence from December, 2013 and end on 31.01.2014 which is the date indicated for handing over the possession of the aforementioned floors. 3.[6] The petitioner will be at liberty to adjust the security deposit amounting to Rs. 1.30 crores.

4. In view of the aforementioned terms agreed to between the parties, as reflected above, Mr. S.M. Chopra, a retired Additional District Judge (Mobile No.9213230349), who, I am told, is also dealing with another dispute subsisting between the parties herein, is appointed as the Arbitrator.

5. The parties are also agreed that the learned Ai^bitrator will fix his own fees in consultation with the parties and their counsels.

6. Needless to say, parties will be free to prefer their claims and counter claims, if any, before the learned Arbitrator, who will decide the same in accordance with law after giving due opportunity to the parties. ARB.P. 490/2013 & OMP 683/2013 page 2 of[3]

7. Mr. Kapil Puri shall file an undertaking in terms of the above conditions of settlement agreed to hereinabove.

8. The needful will be done within one week from today.

9. I am informed that Mr. Kapil Puri is presently the Director of the respondent company.

10. It is made clear that the parties will be free to move the learned Arbitrator for any other relief which they wish to press for, as I have not examined O.M.P. 683/2013 on merits.

11. It is made clear that the petitioner will not impede the respondent form removing the articles in respect of which the respondent has undertaken an obligation, as reflected hereinabove.

12. The petitions are disposed of

13. Dasti.

NOVEMBER 29, 2013 s.pal ARB.P. 490/2013 & OMP 683/2013 \( tu lW« RAJIV SHAKDHER, J "h j' u • I I ' page 3 of[3] $-45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. 683/2013 NEEL INTERNATIONAL Petitioner Through: Mr Rajesh Yadav, Adv.

VERSUS