: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.457 OF 2005 APPEAL NO.457 OF 2005 APPEAL NO.457 OF 2005 IN ARBITRATION PETITION NO.162 OF 2005 National Food Products (India) Pvt.Ltd., ..Appellants Versus Jet Airways (India) Ltd., ..Respondent ---- Ms.A.Wandrewala i/by Shilpa Kapil for Appellants. Mr.E.P.Bharucha alongwith Cyrus Bharucha and Vishakha Waswani i/by V.V.Juris for Respondent. ---- Coram : R.M.LODHA & Coram : R.M.LODHA & Coram : R.M.LODHA & J.P.DEVADHAR,JJ J.P.DEVADHAR,JJ J.P.DEVADHAR,JJ Date : 4th July, 2005. PC . After arguing the appeal for some time, the learned Counsel for the appellants and the learned Senior Counsel for the respondent agreed for the disposal of the appeal by the following order :- O R D E R (i) The disputes and differences between the parties are referred to the sole arbitration of Justice S.C.Pratap (Retired). (ii) It is agreed by the parties that the sole arbitrator may consider the application and pass an : 2 : appropriate order under Section 17 in respect of the subject matter of the disputes by way of interim measure. (iii) All contentions of the parties are kept open to be agitated before the sole arbitrator. (iv) Needless to clarify that the order passed by the learned single Judge on 2.5.2005 shall not influence the arbitral Tribunal in deciding the application for interim measure. 2. Appeal is disposed of in the aforesaid terms. (R.M.LODHA,J) (R.M.LODHA,J) (R.M.LODHA,J) (J.P.DEVADHAR,J) (J.P.DEVADHAR,J) (J.P.DEVADHAR,J) : 3 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1693 OF 2005 NOTICE OF MOTION NO.1693 OF 2005 NOTICE OF MOTION NO.1693 OF 2005 IN IN IN APPEAL NO.457 OF 2005 APPEAL NO.457 OF 2005 APPEAL NO.457 OF 2005 IN IN IN ARBITRATION PETITION NO.162 OF 2005 ARBITRATION PETITION NO.162 OF 2005 ARBITRATION PETITION NO.162 OF 2005 National Food Products (India) Pvt.Ltd., ..Appellants Versus Jet Airways (India) Ltd., ..Respondent ---- Ms.A.Wandrewala i/by Shilpa Kapil for Appellants. Mr.E.P.Bharucha alongwith Cyrus Bharucha and Vishakha Waswani i/by V.V.Juris for Respondent. ---- Coram : R.M.LODHA & Coram : R.M.LODHA & Coram : R.M.LODHA & J.P.DEVADHAR,JJ J.P.DEVADHAR,JJ J.P.DEVADHAR,JJ Date : 4th July, 2005. PC . In view of disposal of Appeal, Notice of Motion does not survive and stands disposed of accordingly. (R.M.LODHA,J) (R.M.LODHA,J) (R.M.LODHA,J) (J.P.DEVADHAR,J) (J.P.DEVADHAR,J) (J.P.DEVADHAR,J)