IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO.170 OF 2008 NO.170 OF 2008 NO.170 OF 2008 IN IN IN ARBITRATION ARBITRATION ARBITRATION (L) NO.692 OF 2007 (L) NO.692 OF 2007 (L) NO.692 OF 2007 Bombay Wire Popes Ltd. ..Appellants V/s. M/s. Runwal Constructions & Anr. ..Respondents ....... Mr. Milind Sathe with Ms. Shama Maitra i/by M/s. C.R. Naidu and Co. for the appellants Ms. Soumya Srikrishna i/by Kanga & Co. for respondent No.1 ....... CORAM CORAM CORAM : SMT RANJANA DESAI & : SMT RANJANA DESAI & : SMT RANJANA DESAI & SHRI SHRI SHRI K.K.TATED, JJ. K.K.TATED, JJ. K.K.TATED, JJ. DATE DATE DATE : 3RD OCTOBER, 2008 : 3RD OCTOBER, 2008 : 3RD OCTOBER, 2008 P.C.: 1. By the impugned order learned Single Judge has disposed of Arbitration Petition (L) No.692 of 2007 by passing an order of injunction restraining the respondents from disposing of, alienating, encumbering or creating any right, title and interest in favour of any third party or putting up any construction on the property. 2. We are informed by the learned Counsel for the parties that Arbitrator has already been appointed and : 2 : recording of evidence is going on. 3. In the circumstances, in our opinion, this appeal can be disposed of making it clear that all observations made by learned Single Judge on the merits of the case more particularly in paragraph 10 of the impugned order are only prima facie observations. Needless to say that those observations do not conclusively decide the rights of the parties and learned arbitrator shall decide the matter strictly on merits without being influenced by any prima facie observations contained in the impugned order. 4. The appeal is disposed of in the aforestated terms. JUDGE JUDGE JUDGE JUDGE JUDGE JUDGE