BRITANNIA INDUSTRIES LIMITED Vs. STATE

JUDGEMENT

(1.) THE appellant in MFA No. 11685/2011 is questioning the order passed by the First Additional District, Judge. Bangalore Rural District dated 5th November 2011 passed in AA No. 28/2011. Similarly, the appeal in MFA No. 8281/2011 is filed challenging the order of the aforesaid Court dated 20th August 2011 passed in AA No. 26/2011. Both the petitions were filed by M/s. Britannia Industries Limited against M/s. Vinpack (India) Private Limited under Section 9 of the Arbitration and Conciliation Act.

(2.) AFTER arguing the matter at length without prejudice to both the parties respondent in MFA No. 11685/2011 has agreed to return the machineries and equipments of the appellant subject to the appellant paying a sum of Rs. 19,25,000/ - subject to the out come of the arbitration which would be initiated by both the parties to resolve their dispute in terms of the arbitration clause of the contract entered into between them dated 10.07.2000.

(3.) THE respondent shall deliver the machinaries and equipments today only to the appellant - M/s. Britannia Industries Limited and it. is open for the appellant to collect the same from the respondent company.