1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No. 3930 of 2009 in Suit No.2899 of 2009 1 Subhash Navrataram Kappor and another ..Plaintiffs vs. Anil Navrataram Kapoor ..Defendant Mr.Bharat Mehta for plaintiffs. Mr.Prakash Mahadik for defendant. CORAM: S.C. DHARMADHIKARI J. 25th November, 2009 P.C. 1 When this Notice of Motion was placed before me for ad-interim relief, I suggested to both sides that the dispute is between the brothers and they should, therefore, refer it for arbitration considering that there is an arbitration agreement between the parties. They have accepted this suggestion and both sides state that with their consent Hon ble Mr.Justice 2 P.S.Patankar (Retd) a Judge of this Court shall be appointed as the sole arbitrator to adjudicate upon the disputes between them. The learned Arbitrator is requested to act upon an ordinary copy of this order. 3 All contentions of both sides are kept open. Notice of Motion does not survive in the light of the reference to the sole Arbitrator. (S.C.DHARMADHIKARI J.)