1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.913 OF 2005 IN NOTICE OF MOTION NO.1330 OF 2003 IN SUIT NO.391 OF 1996 Kuberchand N. Agarwal ...Appellant v/s Ashokkumar N. Agarwal and others ...Respondents Ms. Sonal F. i/b Mr R.K. Desai for Appellant. Mr S.P. Kanuga for Respondent No.1. Mr P.C. Kansara for Respondent No.2. Ms Bobby Malhotra for Respondent No.3. CORAM : D.K. DESHMUKH AND V.R. KINGAONKAR JJ. DATE : 25TH MARCH 2010. 2 P.C. :- 1] The parties have entered into an arbitration agreement and referred their disputes in the suit to arbitration. By consent of parties, Ms Rajni Iyer, Sr Counsel is appointed as Arbitrator. The arbitration shall beheld according to the provisions of the Arbitration and Conciliation Act 1996. 2] It appears that the Arbitrator, who was appointed earlier, experienced difficulties in getting the properties valued. He also found that the parties were not regularly appearing before the Arbitrator. It is common ground before us that to decide the disputes by the Arbitrator, it will be necessary to get the suit properties valued by a qualified valuer. The parties are therefore agreed that the Arbitrator shall appoint a valuer to value the suit properties and all who are in possession of the suit properties undertake to cooperate with the valuer and permit him to inspect the properties so 3 that the valuer can submit his report. The parties have also undertaken to appear regularly before the Arbitrator. The parties have also agreed that if the Arbitrator finds that any of the parties to arbitration is not cooperating with the Arbitrator either by remaining unnecessarily absent or not permitting inspection of the premises by the valuer, the Arbitrator shall be free to make an order after issuing due show cause notice either appointing Court Receiver or making any other interim order. It goes without saying that such order shall be made by the Arbitrator in accordance with law and remedies that may be available under the law against such an order also are kept open. The Arbitrator shall dispose off the disputes by a reasoned award as expeditiously as possible. As a result of this order, it is agreed between the parties that civil suit No.391 of 1996 stands disposed off. Court Receiver stands discharged. Appeal is disposed off. Parties to act on the copy of this order duly authenticated by the Associate / Private 4 Secretary of this Court. Certified copy expedited. (JUSTICE D.K. DESHMUKH) (JUSTICE V.R. KINGAONKAR)