1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.491 OF 2007 IN SUIT NO.232 OF 2007 Shriram Sitaram Patil …Plaintiff Vs. M/s. S.N. Constructions & Ors. …Defendants Mr. J.S. Kini i/b. S.G. Shirsat for Plaintiff Mr. G.S. Bhat for Defendants CORAM: SMT. ROSHAN DALVI, J. DATED: 8TH APRIL, 2009 P.C. 1. The parties are partners of the Firm of Defendant No.1. Several partners as the Plaintiff in this suit have filed suits and applied for reliefs. There has been an arbitration clause in the partnership deed. The parties have filed arbitration proceedings. The Arbitration Petitions have commenced with regard to the lis in this Suit. The Plaintiff has applied for, and thereafter withdrawn an application made before this Court in Arbitration Petition No.285/2004 to claim reliefs 2 before the Arbitrators. 2. Mr. Kini after taking instructions from the Plaintiff states that the statement of claim of the Plaintiff, which was directed to be filed has been filed. Hence, the Arbitration proceeding alone must continue. The interim relief, if any, required or sought by the Plaintiff may be applied for by the Plaintiff before the same Forum. 3. All the claims between the parties are referred to Arbitration prior to filing of the Suit. Hence, this Suit cannot be proceeded. In case any aspect is left out of the reference, it is clarified that the same is also referred to the same Arbitrators in the same proceedings. 4. Hence, Suit as well as Notice of Motion are disposed of accordingly. (Smt. Roshan Dalvi, J.)