M/s. Harish Textile Engineers Ltd. v. Monopolies and Res. Trade Pract. Commn., (SC)
BS198020
SUPREME COURT OF INDIA
Before:-K.T. Thomas and R.P. Sethi, JJ.
I.A. No. 1 of 2000 in Civil Appeal No. 6072 of 1999. D/d.
15.9.2000.
M/s. Harish Textile Engineers Ltd. and Anr. - Appellants
Versus
Monopolies and Res. Trade Pract. Commn. and Anr. - Respondents
Settlement Between Parties - Disputes raised in litigation to be referred to arbitration
ORDER
It is unnecessary to consider I.A. No. 1 of 2000 as subsequently the parties have come to terms. They produce the terms of settlement and Counsel on both sides request that this appeal may be disposed of in respect of such terms. We, therefore, dispose of this appeal in terms of the settlement which is reproduced herein-
"(1) All the disputes between the parties including the disputes raised in the present litigation may be referred for arbitration at Mumbai.
(2) Both the parties agree for nominating their respective Arbitrator from Indian Merchants Chambers, Mumbai. The third Arbitrator will be a retired High Court Judge to be nominated by both the parties. These nominations will be done within 30 days from the Supreme Court's order.
(3) Both the parties undertake to cooperate in expeditious disposal of the arbitration proceedings.
(4) M/s. Pilaniwala Textiles Mills Limited undertake to withdraw the proceedings (i.e. U.T.P. No. 477 of 1997 and C.A. No.59 of 1998) pending before the MRTP Commission.
(5) Civil Appeal No. 6072 of 1999 may be disposed of in terms of this settlement.
This appeal is disposed of accordingly.
C.A. 6072 of 1999 disposed of.