1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. MISC. CIVIL APPLICATION NO. 1033 OF 2008 WITH MISC. CIVIL APPLICATION NO. 1038 OF 2008 (PRAVIN SHANKARRAO CHOUDHARI & ANR.... Vs. SMT. SHAKUNTALADEVI VISHWANATH CHOUDHARI & 3 OTH..) _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri Masood Shareef, Advocate for Applicant No.1. Ms. S.R.Malhotra, Advocate for Applicant No.2. Shri J.P.Pendse, Advocate for Respondents No.1, 3 & 4. CORAM : R.C.CHAVAN, J. DATED : MAY 07, 2009. 1.Learned counsel for Petitioner No.1 and learned counsel for respondents No.1, 3 and 4 have filed a joint pursis stating that they agree to appointment of Hon'ble Shri Justice W.M. Sambre (Retired) as an Arbitrator in the matter. Respondent No.2 Nayantara has not raised any objection in the proceedings. 2.In view of this, the proceedings as between petitioner No.1 and Respondents is disposed of in terms of pursis by appointing Hon'ble Shri Justice W.M. Sambre (Retd.) as an Arbitrator in the matter. 3.The petitioner to pay processing fees, quantified at Rs.Five Thousand. 2 4.Learned counsel for applicant No.2 states that interests of applicants No.1 and 2 are not conflicting but since applicant No.2 had not issued notice for appointment of arbitrator before approaching this Court, this Court had observed in order dated 24th March, 2009 that the Court was inclined to appoint arbitrator to resolve the dispute between the parties on the application made by applicant No.1 only. She should, therefore, be granted liberty to file fresh application for appointment of an Arbitrator. 5.In view of this, applicant No.2 is, therefore, allowed to withdraw the application. The question of tenability of the proceedings, which applicant No.2 may now file would be decided after its filing and appropriate replies from the opposite parties. 6.The applications are disposed of accordingly. JUDGE RR.