Full Text
CS(OS)3723/2014
M/S DIGICALL GLOBAL PVT LTD
BLS INTERNATIONAL SERVICES LTD.
Plaintiff.
Defendant.
Plaintiff.
Present: Mi-.Vishesh Issar and Mr.Varun Sharma, Advocates for M/s
Digicall Global Pvt.Ltd.
Mr.Arvind Sharma and Mr.Anant Kannojiya, Advocates for
BLS International Services Ltd.
02.11.2017
ORDER
1. This suit is filed for seeking a decree for recovery of Rs.65,34,366.60/-.The defendanthasfiled a counter-claim seeking recovery ofRs.2,90,64,600/-.
2. While hearing arguments on LA.20382/2015 which is filed under Section8ofthe Arbitration and Conciliation Act,1996{hereinafterreferred as the Act')by the defendant,the parties have entered into a settlement. As per the settlement, the parties have agreed that both the matters can be adjudicated upon by alearned arbitratorto be appointed bythis court.Ithas 2017:DHC:9120 also been agreed upon thatthe learned arbitrator will commence proceedings at the stage at which the present suit and counter-claim had reached. Accordingly,Mr.Amar Nath(Retd.District& Sessions Judge)(Mobile No.:
9958697030) is appointed as the Sole Arbitrator to adjudicate the dispute between the parties including the claim ofthe plaintiffin the plaint and the claim of the defendant in the counter-claim. The parties will file the respective pleadings which were filed in this court and respective documents before the learned arbitrator. The parties will also place on record the admission/denial of documents that was carried out before the Joint the stage at which the proceedings had reached in this court. The learned arbitrator is requested to fix his fees as per ScheduleIV ofthe Act.
3. As the parties have agreed to settle the matter through arbitration in terms of Section 16 of Court Fee Act, 1870, both the parties are entitled to refund of the court fee. The suit and counter-claim stand disposed of accordingly.
4. The parties to appear before the learned arbitrator on 08.12.2017.
JAYANT NATH,J NOVEMBER 02,2017 rk