Penguin Books India Pvt Ltd v. Impex Warehousing Corporation

ORDER '

20.10.2011 , O.M.P.3l4l20ll andI.A. Nos. 762912011, & 829412011 CCP No. 33/2011 & I.A. Nos. 9491 & 1392912011 in O.M.P. 314/201,1 '. O.M.P.315/2011 and I.A. Nos. 767812011 & 8295/2011 CCP No.3212011 & I.A. Nos. 9504 & 13931/201,1 in O.M.P.3L5/201L CCP No. 55/201L i

¶1Learned Receiver has appeared pursuant to the order dated 13th September i O. hI. P. Nos.3t4-15/2011 Poge I of3 ,l I 9z-20II. He states that he has filed weekly reports of the proceedings conducted by him. Attention is drawn to the proceedings dated 18th August t" 2011 which deal with the letters dated 10th and 1lth August 2011 written by the Respondents to the Receiver. ,! ,l2. As' far as the main petitions O.M.P. Nos. 3I4 and 3 15 of 2011, under Sectioh g of the Arbitration and Conciliation Act, 1996 ('Act') are concer,ned, the subsequent development is that the parties have approached the Delhi High Court Arbitration Center and have agreed that Mr. Justice S. N. Dhingra, learned retired Jridge of this Court be appointed as the Sole Arbitrdtor to arbitrate their disputes and differences. ,

¶3In that view of the matter, these petitions under Section 9 of the Act need I i. not be,kept pending. Suffice it to clariS' that all the interim directions and oid"rs'passed by this Court during the pendency of these petitions will I continue to bind the parties till such time further directions are issued by the learned Arbitrator. The learned Arbitrator will also deal with any other objection raised by the parties by way of applications including the prayers O. M. P. Nos.314-15/2011 rl i I li I t@ I made by the Petitioner in I.A. No. 13929 of 20II. Needless to say that the Arbitrator would take note of the reports filed by the learned Receiver appointed by this Court from time to time.

¶4The Registry is directed to place a certified copy of the entire record of : these two petitions before the leamed Arbitrator.

¶5As far as CCP Nos. 33 and 56 of 20II are concerned, they no longer survive since this Court appointed a Receiver. They are accordingly disposed of. The other applications also do not survive and they too are I disposed of. It will be open to the Petitioners and the Respondent to I approach the learned Arbitrator for interim measures in accordance with law.

¶6The petitions are disposed of in the above terms. ' I ocToBER 20, 20ll rL I na S. MURALIDHAR" J o. M. P. itos. 314-15/2011 I { Poge j of 3 -'$- * IN THE HIGH COURT OF DELHI AT NEW DELHI #43 ;,- o.M.P.314/2011 ' pENGUIN BooKS INDIA PVT LTD ..... Petitioner Through: None. VCTSUS IMPEXWAREHOUSINGCORPORATION .....Respondent Through: None. o.M.P. 3lsl20tl . DORLING KINDERSLEY(INDIA) PVT LTD .'... Petitioner Through: None. VETSUS IMPEX WAREHOUSING CORPORATION ..... Respondent ' Through: None. CORAM: JUSTICE S. MURALIDHAR ORDER %

08.11.2011

¶1The office note has been perused. Para 4 of the order dated 20th October 2011 is modified by directing that either or both of the parties will place the certified copies of the entire record of these two petitions before the learned Arbitrator. #3r

¶2A copy of this order be sent to the learned Arbitrator' \4 ,u, Y/ S. MURALID TIAR, J NOVEMBER 08, 2011. .na

.r I ( $- '* #26 + #27 @ IN THE HIGH COURT OF DELHI AT NEW DELHI c i o.M.P. 3t4t20tl 1- iPENGUIN BOOKS INDIA PVT LTD ..... PEtitiONEr I , Though: Ms. Shikha Tandon, Advocate. , VETSUS I IMPEX WAREHOUSING CORPORATION ..... Respondent Through: Mr. Pradeep Kumar, Advocate. o.M.P.31s/2011 DORLING KINDERSLEY(INDIA) PVT LTD ..... Petitioner i Through: Ms. Shikha Tandon, Advocate. :r V9TSUS IMPEX WAREHOUSING CORPORATION ..... Respondent ; Through: Mr. Pradeep Kumar, Advocate. I CORAM: JUSTICE S. MURALIDHAR : :