((-1-)) MST IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.3994 OF 1994 Pranjivandas N. Vora Plaintiff versus M.T.N.L. Defendant Saloni Desai i/by M.P.Vashi & Associates for plaintiff. Ms.S.I.Shah for defendant. CORAM : A.M.KHANWILKAR, J. DATE : 07th February 2008 PC : 1. My attention is invited to the order dated 18th November 2003 whereby the dispute between the parties was directed to be referred to the arbitrator. I am informed that the parties have acted on the said order. In the circumstances, nothing would survive. 2. It is made clear that if the arbitrator has still not been appointed by the Central Government, necessary steps in that behalf be taken within eight weeks from today. The Central Government shall take steps to notify the ((-2-)) MST Arbitrator who in turn will try and decide the arbitration proceeding, in terms of Section 7B of the Act. That be done within eight weeks from today. 3. The defendant-M.T.N.L. shall apprise the Central Government for taking expeditious steps in the matter so that the Arbitrator is appointed within eight weeks from today. 4. It is further observed that the Arbitrator so appointed by the Central Government shall conclude the arbitration proceeding within six months from the date when he enters upon arbitration or the date on which the respective parties are expected to make first appearance before him, whichever is earlier. 5. The interim arrangement already ordered by this court shall continue till the disposal of the arbitration proceeding or till the same is modified or varied by the Arbitrator, if and when such occasion arises. 6. It is made clear that all issues raised in the present suit at the instance of either side shall be considered on merits in accordance with ((-3-)) MST law in the arbitration proceedings. 7. Suit is disposed of in the above terms. Refund as per rules. 8. The counsel for the defendant-M.T.N.L. assures that intimation will be given to the Advocate for the plaintiff as well as the plaintiff forthwith about the order passed today in this suit. (A.M.KHANWILKAR, J.)