1 arbap179-10 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.179 OF 2010 Spectrum Estates Pvt. Ltd. ....Applicant V/s. Charkop Gagan Vihar Co-op. Hsg. Soc. Ltd. ....Respondent Mr.Mukund Taly with Mr.Rakesh Misar i/b S. Mahomedbhai & Co. for the Applicant. Mr.Arif Y. Bookwala, Senior Counsel with Mr.Kiran Gandhi, Ms.Rutuja Musurkar and Ms.Shyamali Gadre i/b Little & Co. for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 4TH FEBRUARY, 2011. P.C. :- 1. This is an application under section 11 of the Arbitration and Conciliation Act, 1996. 2. The applicant had filed a petition under section 9 of the said Act being Arbitration Petition No.412 of 2009. The same was disposed of by an order dated 2.3.2010. The learned Judge held in paragraph 25 that there exists an arbitration agreement and an arbitrable dispute. The finding is binding on me at this stage. The respondent has filed an appeal against the said judgment and order. 3. It is agreed between the parties that this order is subject to the result of the appeal filed by the respondent being Appeal (Lodging) No.302 of 2010. In the event of the respondent succeeding in the appeal and in the event of the order dated 2.3.2010 not attaining finality even thereafter, this 2 arbap179-10 order shall stand automatically vacated without further orders. In other words, in the event of the order dated 2.3.2010 attaining finality, the arbirtral tribunal constituted by this order shall proceed with the reference. 4. The applicant has nominated the arbitrator viz. Mr.Justice Ashok N. Mody, a former Judge of this Court. At the request of the respondent, Smt.Justice Sujata Manohar, a former Judge of the Hon’ble Supreme Court, is appointed as an arbitrator. The arbitrators shall appoint the presiding arbitrator and proceed with reference. The application is accordingly disposed of.