1 Arbp19.11 kambli IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.19 OF 2011 ... M/s.Nikita Builders & Developers ...Petitioner v/s. Mr.Ali Akbar Jafari ...Respondent ... Mr.S.G.Anay, Sr.Advocate with Mr.L.M.Acharya i/b Ranvir Shekawat for the Petitioner. Mr.P.K.Dhakephalkar, Sr.Advocate i/b Mr.Tejas Dande & Kedar Dhongade for Respondent. CORAM: D.K.DESHMUKH, J. DATED: 8th July, 2011 P.C.: Admit. Heard finally by consent of parties. By consent of parties petition is disposed of in following terms: (i) On the petitioner depositing in this court with due intimation to the Respondent an amount of Rs. 5,15,00,000/-, Shri Justice V.R.Datar (Retd.) will stand 2 Arbp19.11 appointed as Arbitrator and the dispute raised in the notice dated 7-3-2011 shall stand referred to him for decision in accordance with law. (ii) All contentions are left open to be raised by the parties before the learned Arbitrator including existence of the arbitration agreement. (iii)In case an issue as to the existence of the arbitration agreement is raised, the learned Arbitrator shall decide that issue as a preliminary issue. (iv)On the amount being deposited, it shall be invested in fixed deposit in a nationalised bank. (v)The disposal of the amount shall be governed by the order that may be made by the learned Arbitrator or by this court. (vi)The learned Arbitrator while making the award shall make appropriate order about the amount that is being deposited in this court pursuant to this order. (vii)Petition disposed of. (D.K.Deshmukh, J.) 3 Arbp19.11