( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO. 10609 OF 2009 IN FIRST APPEAL NO. 2749 OF 2009 Mrs. Sanyogita N. Jadhav APPLICANT VERSUS M/s. J. Square Steels Pvt. Ltd. and another. RESPONDENTS ..... Mr. V.M. Thorat, advocate with Mr. S.V. Advant, advocate, for the applicant. Mr. S.S. Deve, advocate for respondent No.1. ..... [CORAM : V.R. KINGAONKAR AND A.V. POTDAR, JJ. ] [DATE : 5th May, 2010] PER COURT : 1. Heard learned counsel. 2. The first appeal preferred by the original plaintiff is already admitted. 3. By consent of learned counsel for the parties, the final hearing of the appeal is expedited and is scheduled on 13th August, 2010. 4. The applicant is already a party to the ( 2 ) arbitration proceedings and is pursuing remedy by way of suit of which plaint has been rejected. The contention of the applicant is that the agreement of surety is not binding on her. The interim relief sought by the applicant/appellant is that the respondent No. 2 shall not take over possession of the mortgaged property. In fact, when the Arbitrator has taken over the arbitration proceedings, then by virtue of section 8 of the Arbitration and Conciliation Act, the civil Court prima facie will have no jurisdiction to entertain the suit. 5. The applicant/appellant is at liberty to seek appropriate interim relief under section 9 of the Arbitration and Conciliation Act, 1996 before the Arbitrator. In the meanwhile, for six (6) weeks, no coercive action be taken and possession be not taken by the respondent No. 2. Present civil application is accordingly disposed of. [ A.V. POTDAR ] [ V.R. KINGAONKAR ] JUDGE JUDGE NPJ/ca10609-09