Fun Multiplex Pvt. Ltd. v. Seema Picture Palace & Anr.

1. This is a joint application moved on behalf of the parties under Order

2. In the application, it is prayed that the pending appeal be disposed of in terms of the compromise arrived at between the parties, as recorded in the order of the sole arbitrator dated 01.10.2013. There is a further prayermade for issuance of a direction to the Registrar General, to release the demand draft bearing no. 000251 dated 04.09.2013 in the sum of Rs.8.40 lacs. The demand draft is drawn in favour of the Registrar General of this court. The second limb of this prayer is to seek release of bank guarantee bearing no. GTEE/168039, dated 12.09.2013, in the sum of Rs. 37,60,205/-.

3. Since the prayer made in the captioned application requires disposal of the appeal in temis of compromise reflected in the order of the sole ARB.A. 15/2013 Page 1of[2] 2013:DHC:8322 v© arbitrator dated 01.10.2013, the same is allowed. The settlement arrived at between the parties, in my view, is lawful. Accordingly, the settlement between the parties, as indicated in the order dated 01.10.2013 of the sole arbitrator, is taken on record.

4. The other directions sought in the application are also granted. The registry is directed to release forthwith the demand draft and the bank guarantee in issue, the particulars of which are indicated hereinabove, to the authorised representative of the appellant. The application is, accordingly, disposed of. Arb. A. 15/2013

5. In view of the orders passed above in lA No. 17102/2013, the appeal is disposed of. The matter be consigned to records.

6. Consequently, the date of hearing fixed in the appeal, i.e., 13.01.2014, as also the proceedings stated to be fixed before the Registrar General on 01.11.2013, stand cancelled. Dasti under the signatures ofthe court master.. RAJIV SHAKDHER, J 9 OCTOBER 25, 2013 Idc