- 1 - 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 ARBITRATION ARBITRATION ARBITRATION PETITION (L) NO.715 OF 2008 PETITION (L) NO.715 OF 2008 PETITION (L) NO.715 OF 2008 Mahalaxmi Rail Movers through Prop.Mrs.Sangeeta Kamal Shrivastava ...Petitioners vs. Union of India through ...Respondents General Manager,W.Rly.& Ors. Mr.Rahul Walia for the Petitioners Mr.Suresh Kumar for the Respondent Nos.1 and 2. CORAM CORAM CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : OCTOBER 7,2008 : OCTOBER 7,2008 : OCTOBER 7,2008 P.C.: P.C.: P.C.: 1. Heard the learned counsel appearing for the petitioners and the learned counsel for the Respondent Nos.1 and 2. My attention has been invited to the earlier order passed by this court in Writ Petition No.1610 of 2008 and the order dated 24th September 2008 passed in Arbitration Petition (L) No.689 of 2008. By order dated 24th September 2008, ad-interim relief granted by the Division Bench of this court in Writ Petition No.1610 of 2008 was continued for a period of seven days to enable the petitioner to move the sole Arbitrator who has been appointed by the first and second Respondents. 2. Now, a letter has been issued to the Petitioner from General Manager, (O) CCG, Western Railway informing that hearing of the proceedings before the Arbitrator has been fixed on 11th August 2008 at 11.45 hrs. The learned counsel - 2 - for the first and second respondents confirmed that the hearing is fixed before the Arbitrator as aforesaid. He further states that time was sought on behalf of the Advocate for the Petitioner on the ground that the said date is not suitable and now, the next date fixed by the learned Arbitrator is 11th October 2008. 3. The learned counsel for the petitioner states that the petitioner has not sought any adjournment and the petitioner will be remain present before the learned Arbitrator on 11th October 2008 at 11.45 hrs. 4. In view of the above factual aspects, this petition need not be kept pending and the same can be disposed of by continuing the protection for a limited period to enable the learned Arbitrator to decide the prayer for interim relief made by the petitioner. It is expected that the learned Arbitrator will hear the parties on 11th October 2008 and will pass an appropriate order. 5. Arbitration Petition is disposed of by passing the following order : i) Hearing of the application made by the petitioner is already fixed before the learned Arbitrator on 11th October 2008 at 11.45 hrs. The learned Arbitrator is - 3 - expected to hear and decide the application made by the petitioner on that day. ii) The protection granted to the petitioner under the order dated 27th August 2008 passed by the Division Bench of this Court in Writ Petition No. 6120 of 2008 will continue to operate till 14th October 2008. iii) All the contentions of the parties on merits of the application are expressly kept open. iv) Parties and the learned Arbitrator to act upon an authenticated copy of this order. JUDGE JUDGE JUDGE