1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.70 OF 2009 Jaybharat Automobiles Ltd. ..Petitioner Vs. Central Warehousing Corporation ..Respondent Mr. D.V.Merchant, Senior Counsel for the Petitioner with Mr. Dilip Rao i/b Aruna Singh for the Petitioner Ms. S.I.Shah i/b S.I.Shah & Co. for Respondent CORAM: ANOOP.V.MOHTA, J. DATED: 20TH, April, 2009 P.C. 1. The Petitioner has invoked by this Application section 9 of the Arbitration & Conciliation Act, at stage, where the Arbitral Tribunal was not constituted. The subject matter of the dispute is Agreement between the parties which basically depends upon the possession of the property involved. There is an Arbitration clause in the said Agreement. Now the Tribunal is constituted. The Tribunal has in fact fixed the matter on 04.07.2009 for final disposal. 2 2. This court by an order dated 20.11.2008 granted an ad- interim relief which is reproduced as under: ''(6) The Petition shall be placed for hearing on 10 th December, 2008. Till the final disposal of the Petition, the respondents are hereby restrained from dis- possessing the Petitioners from the premises subject matter of the agreement dated 18 th September, 2000 without following due process of law. It is made clear that this ad-interim order will operate only in so far as the premises subject matter of the agreement are concerned.'' 3. The matter is pending before the Tribunal, in my view the Tribunal in the present fact and circumstances of the case, can pass an appropriate order in view of section 17 of the Arbitration and Conciliation Act to protect / secure the subject matter of the dispute in the present case is the possession of the property of the agreement. 4. In view of this, I see that there is no reason to keep pending this Petition u/s 9 of the Act. Therefore, I am disposing of this Petition with clear observation that the interim protection as granted by this court will continue till the 3 Tribunal decides the Application u/s 17 of the Act which the Petitioner to file within two weeks, for similar ad- interim relief as already granted by this Court. 5. Resultantly, petition is disposed of accordingly. No cost. (ANOOP.V.MOHTA, J)