1 ARBA56/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.56 OF 2011 Home Care Retail Marts Pvt.Ltd. ...Applicants v/s Haresh N. Sanghavi ...Respondent Ms Rajani Iyer, Sr. Counsel with Mr Nikhil Sakhardande, Ms Alpana Ghone, Mr Latif Pirani and Ms Sunita V. i/b Ms Hansa Advani for Applicants. Mr Gaurav Joshi with Mr Manish Doshi and Mr G. Shah i/b M/s Vimadalal and Co. for Respondents. CORAM : D.K. DESHMUKH J. DATE : 28TH APRIL 2011. 2 ARBA56/11 P.C. :- 1] By consent of parties, application is disposed off in following terms. 2] Mr Ketan Parikh is appointed as an Arbitrator. The disputes between the parties are referred to him for adjudication. All contentions available to both the sides are kept open. It will be open for the parties to raise objection to the jurisdiction of the Arbitrator. If such an objection is raised, the Arbitrator shall decide it in accordance with law under section 16 of the Arbitration and Conciliation Act 1996. 3] It is agreed between the parties that it will be open for the parties to apply before the Arbitrator for suitable interim relief. It is common ground that presently interim order made under section 9 of the Act is operating. It will be open to the respondents to make an application before the Arbitrator seeking modification of that 3 ARBA56/11 interim order. The Arbitrator, if such an application is made, shall decide that application in accordance with law on the basis of material produced before him and without being influenced by the order passed by this Court under section 9 of the Act which is presently operating. The Arbitrator shall decide the application for interim relief as expeditiously as possible. The parties have agreed that they will move the learned Single Judge for disposal of application under section 9 of the Act in view of this order. Application is disposed off. Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH )