1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH NAGPUR First Appeal No.501/2006 -------------------------------------------------------------------------------- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. ---------------------------------------------------------------------------------------------------- CORAM : A.P. Lavande, J . Dated : December 14 , 2006 Heard Ms. Swaminathan, Advocate for the appellant and Mr. Khati, Advocate for the respondent. This appeal is directed against order dated 7th June, 2006 passed by the District Judge, Nagpur. By the impugned order interim relief granted in terms of order dated 1.2.2006 by the District Judge was ordered to be continued for the period of two months only. In the present appeal preferred by the appellant by order dated 24th August 2006 this Court granted status quo. Learned counsel appearing for the parties state that the new Arbitrator Justice Shri R. G. Deshpande (Retired) has already 2 been appointed as Arbitrator in respect of the disputes arising between the parties. Ms. Swaminathan states that the appellant will file an application seeking interim relief before the Arbitrator and, therefore, the interim order passed by this Court be continued for a reasonable time. The prayer has not been opposed by Mr. Khati, Advocate for the respondent. In view of the statement made by learned counsel for the respondent, this appeal can be disposed of by permitting the appellant to file an application seeking interim relief before the Arbitrator and by maintaining status quo order for a reasonable time. Accordingly, liberty is given to the appellant to file an application before the Arbitrator seeking interim relief. Status quo order granted by this Court on 24.8.2006 to continue till the decision upon application filed by the appellant. Needless to mention that the Arbitrator will have to decide such application seeking interim relief on its own merits uninfluenced by the 3 observation made by learned District Judge. It is made clear that this Court has not made any observation on the merits of the rival claims made by the parties. The appeal stands disposed of in the aforesaid terms. C.A. No. 5628/2006 In view of disposal of First Appeal No.501/2006 nothing survives in the application. Consequently, the application stands dismissed as infructuous. JUDGE A.