3. The suit is accordingly treated as disposed of, however, since the reference for arbitration is made in exercise of powers under Section 89 CPC, the court fees paid by the plaintiff be refunded. January 19, 2010 KP V.K.SHALI, J

(29) % 19.01.2010 Present: Mr. Raman Kapur, Adv. for the Plaintiff. Mr. Manish Vashishth, Adv. for the Defendant. + CS(OS) No. 1971/2009 and IA Nos. 16289/2009 and 16290/2009

1. Both the learned counsel for the parties have agreed that there is an arbitration clause and they have no objection in case the matter is referred to Secretary General, The Delhi High Court Arbitration Centre on 27th January, 2010.

2. The learned counsel for the defendant has submitted that since the instant suit was filed for recovery and now the plaintiff has agreed for arbitration in terms of the arbitration clause, therefore, there is no need for continuation of the interim order against the defendant. Without going into the merits of the case, it is clarified that without being influenced by the restraint order having been passed, the learned Arbitrator shall be free to modify the order. The learned counsel for the parties can make appropriate submissions before the learned Arbitrator.

3. The suit is accordingly treated as disposed of, however, since the reference for arbitration is made in exercise of powers under Section 89 CPC, the court fees paid by the plaintiff be refunded. January 19, 2010 KP V.K.SHALI, J