1 cp-722-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi COMPANY PETITION NO. 722 OF 2009. Darab Talyarkhan. ..Petitioner. v/s. M/s. Darmilla Fashions Pvt. Ltd. ..Respondent. .... Mr. F. Palkhivala, i/b. Dastur Dadhich & Kalambi, for Applicant/Petitioner. Mr. Zubin Benramkamdin a/w. Mr. Sarosh Bharucha, i/b. Purohit & Purohit, for Respondent. .... CORAM : S.J. KATHAWALLA, J. DATE : 1ST OCTOBER 2010. P.C. The following order is passed by the consent of the parties :- (i) Ms. Urmila Talyarkhan is allowed to be added as Respondent No.2 in the Company Petition. M/s. Darmilla (Partnership) and Mr. Darab Talyarkhan, Sole Proprietor of M/s. Daratal are added as Respondent Nos. 3 and 4, respectively. (ii) Mr. Behramkamdin, learned Advocate states that he also appears for the said newly added Respondent No.2 and 3. (iii) Amendments to the Company Petition to be carried out on or before 4th October 2010. (iv) All disputes between the parties which are the subject matter of the Company Petition No. 722 of 2009, Regular Civil Suit No. 86 of 2007 pending before the Civil Judge, Alibag, Civil 2 cp-722-09 Misc. Appeal No. 18 of 2008 pending before the Alibag Court, and Petition No.4042 of 2010 filed before the Family Court, Bandra, are referred to sole arbitration of Mr. Ketan Parikh, Advocate. (v) Parties hereto shall also be entitled to raise before the Arbitrator all claims and counter claims not covered in the proceedings set out in clause (iv) above. (vi) All rights and contentions of the parties are kept open. (vii) It is clarified that the disputes raised in Special Civil Suit No. 157 of 2009 before the Civil Judge, Senior Division at Alibag and the disputes raised in M.J. Petition No. 1925 of 2007 in the Family Court at Bandra are not referred to arbitration and the same shall proceed before the Courts in which the said Suit and Petition are instituted. However, the Respondent No.2 shall not press for relief in terms of prayer clause (E) in Special Civil Suit No. 157 of 2009 and the parties hereto may refer the dispute pertaining to the said relief to the learned Arbitrator. (viii) All ad interim/ interim orders obtained by any party in any proceeding to stand vacated in two months from the date of the order referring matters to arbitration. Parties are given liberty to apply to the Arbitrator for interim orders as they may be advised. 3 cp-722-09 (ix) The fees of the Arbitrator shall be borne by the parties equally. (x) The Arbitrator shall endeavour to pass his Award within a period of one year from the date of this order. (xi) The Company Petition is accordingly disposed of. The Company Application No. 206 of 2010 is also disposed of with no order as to costs. [ S.J. KATHAWALLA, J. ]