1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8331 OF 2008 Amina Sadruddin Daya. .... ..... Petitioner. Versus The Saraswat Co-operative Bank Ltd.& Ors. ... .... Respondents. Mr. S. U. Kamdar, Sr. Counsel with Mr. J.J.Nankani i/by M/s. Nankani & Associates for the Petitioner. Mr. Y. R. Naik for Respondent No.1. CORAM : BILAL NAZKI and J. H. BHATIA, JJ. DATED : 19 th DECEMBER, 2008. P.C.: Notice to respondent No.1. Learned Counsel appearing for respondent No.1, the only contesting respondent, waives service of notice. By consent, notice made returnable forthwith. 2. Respondent No.1 was able to get an ad-interim relief through an application being Exhibit “1”. The present writ petitioner filed two applications, one Exhibit “0-1” and another Exhibit “0-4”. One of the application was for revoking exparte ad-interim order and another application was for requesting the Arbitrator to determine his jurisdiction. Both the said applications were heard in detail, according to the petitioner, 2 on 6th and 7th November, 2008 and the order was passed on 14th November, 2008. Without assigning any reason, the learned Arbitrator did not pass any order whatsoever in either of the application but directed the Bank to furnish copies of all documents relied by it. So at best, it can be assumed that the learned Arbitrator did not decide the applications on the ground that the Bank had failed to furnish to the present petitioner copies of the documents on which the Bank was relying. Because of failure of the Bank to furnish the documents to the present petitioner, the Bank got benefited by continuation of ad-interim order. 3. In this view of the matter, we dispose of this writ petition, by consent of both the parties, with a direction that the Bank, if interested in relying on any document, it shall furnish copy thereof to the petitioner within a week from today and the applications, Exhibit “0-1”, Exhibit “0-4” and Exhibit “1” shall be taken together by the learned Arbitrator on 3rd January, 2009 when the case is already fixed before the learned Arbitrator and he shall pass orders on the said applications on merits within a week therefrom. 4. With the above directions, the writ petition is disposed of. Sd/- (BILAL NAZKI, J.) Sd/- (J. H. BHATIA, J.)