/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.256 OF 2008 ALONG WITH NOTICE OF MOTION NO.2702 OF 2008 IN ARIBITRATION PETITION NO.256 OF 2008 Shri Vasant Alias Vasantkumar Pranvallabh Cholera ..Petitioner Vs. Shri Jitendra Pranvallabh Cholera .. Respondent ---- Mr. S.U. Kamdar with A.S. Doctor i/b. Sonal Doshi & Co. for Petitioner Mr. H.J. Thacker along with Mr. A.I. Talegawkar i/b. M/s. Bhaishanker Kanga & Girdharilal for Respondent CORAM: V.M. KANADE J. DATED 29TH AUGUST, 2008 P.C. 1. Heard the learned Counsel appearing on behalf of the Petitioner and the Learned Counsel for the Respondent on a common ground that the arbitration proceedings are pending before the Arbitral Tribunal. It is the case of the Petitioner herein that in spite of an order of injunction passed by this Court by an order dated 5th December, 2007, the Respondent herein is transferring the tenancies in the suit properties. It is, therefore, submitted that the Court Receiver may be appointed in order to protect the said property. He submits that a contempt petition has been filed by the Petitioner herein and in the said contempt petition, a show cause notice has been / 2 / issued to the Respondent. 2. In my view, it will be appropriate if the Petitioner herein files an application under section 17 of the Arbitration Act before the Arbitral Tribunal. If such an application is made, the Arbitral Tribunal shall consider the question of granting an ad-interim relief and is requested to decide the said application within six weeks as early as possible. In view of this, the learned Counsel for the Petitioner seeks permission to withdraw this arbitration petition. Accordingly permission is granted to withdraw the Arbitration Petition. V.M. KANADE J.