-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 169 OF 2004 IN NOTICE OF MOTION NO. 58 OF 2001 IN SUIT NO. 104 OF 2001 V. Swaminathan ... Appellant vs. L.S. Pardasaney ...Respondent Dr. B.B. Saraf, instructed by M/s. V. Deshpande & Co.,for the appellant. Mr. C.S. Kapadia, instructed by M/s. Nankani & Associates, for the respondent. CORAM: P.B. MAJMUDAR & ANOOP V. MOHTA, JJ. DATE: OCTOBER 20, 2010. P.C. Mr. Saraf, learned counsel appearing for the appellant submits that the appellant is willing to settle the dispute through an Arbitrator in view of the fact that there is an arbitration clause in the agreement. Mr. Kapadia, learned counsel for the respondent, submits that on principle he has no objection but he would like to consult his client who is at present out of India. In order to enable Mr. Kapadia to take instructions from his client, adjourned to 15th November, 2010. P. B. MAJMUDAR, J. ANOOP V. MOHTA, J.