WINSOME TEXTILES INDUSTRIES LTD. Vs. UTKARSH APPARELS

JUDGEMENT

(1.) Heard. On being served in the present suit, the defendants submitted that in view of there being an arbitration agreement between the parties, the dispute may be referred for arbitration. However, the prayer was opposed by the plaintiff. After hearing the parties, this Court declined the prayer of the defendants for referring the dispute for arbitration. Being aggrieved, the defendants carried the matter in appeal to the Hon'ble Supreme Court. The Hon'ble Apex Court has issued the following direction vide operative part of its order dated November 15, 2010 passed in Civil Appeal No. 9688 of 2010, M/s Utkarsh Apparels & Anr. v. M/s Winsome Textiles Industries Ltd.:

(2.) In view of the above, the parties are directed to approach the PHD Chamber of Commerce and Industry, New Delhi for constituting an Arbitral Tribunal where the dispute between them may be referred for adjudication expeditiously. The parties are further directed to appear before the Secretary, PHD Chamber of Commerce and Industry, PHD House, 4/2, Siri Institutional Area, August Kranti Marg, New Delhi-110016 on 23.12.2011 for further appropriate action as per the direction issued by the Hon'ble Supreme Court vide the aforesaid order dated November 15, 2010. In view of the above, the dispute between the parties as involved in the present suit shall stand referred for arbitration to PHD Chamber of Commerce and Industry, New Delhi and in so far this Court is concerned the suit as also pending OMP(s), if any, shall stand disposed of. The plaintiff shall be entitled for refund of Court fee in accordance with law. The Registry to do the needful.

(3.) Copy dasti.