1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION APPEAL NO. 21 of 2009 WITH CIVIL APPLICATION NO. 21 OF 2009 IN ARBITRATION APPEAL NO. 21 OF 2009 Anuja Kishorekumar Poddar ....Appellant v/s. Bajrang Jaichandra Jain & anr. ....Respondents Shri R.D.Dhanuka, a/w. Smt. Vaishali Chaudhari for the appellant. Shri Rahul Chitnis with A. Daver, i/b. M/s. Malani & Co. for the respondents. CORAM:- A.M.KHANWILKAR, J. DATED:- August 07, 2009. P.C. This Appeal is directed against the Judgment and order passed by the Principal District Judge Thane dated 23rd April, 2009 below Exhibit 1 in Civil Misc. Application No. 77/2008. It was application for interim-relief of injunction filed under Section 9 of the Arbitration and Conciliation Act, 1996 by the Appellant. It is not in dispute that subsequent thereto the sole Arbitrator has been appointed by the consent of the parties. 2 2. In the circumstances, Counsel for the Appellant submits that Appellant may be permitted to seek appropriate reliefs before the Arbitrator which application be decided by the sole Arbitrator uninfluenced by the observations made in the impugned Judgment. Counsel for the Respondent in all fairness submits that there is no difficulty in acceding to this request. 3. In the circumstances, the Appeal is disposed of on clear understanding that the Appellant would be entitled to file application before the Arbitrator for appropriate reliefs as may be advised which application will have to be decided on its own merits in accordance with law uninfluenced by the observations made in the impugned decision which obviously are tentative findings recorded by the Court to consider interim application under Section 9. Appeal is disposed of on the above terms. 4. In view of this order, nothing survives in the Application. The same is disposed off. A.M.KHANWILKAR, J