1 arbp1102-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.1102 OF 2010 Mahesh R. Kanani ....Petitioner V/s. M/s.Sangita Prints & Ors. ....Respondents Mr.Lalit V. Jain for the Petitioner. Mr.Ganbavale i/b Mr.Aviraj Tarar for Respondent Nos.2 and 3. Mr.Swapnil Bangur i/b M/s.S.Ashwinkumar & Co. for Respondent Nos.4 and 5. CORAM : S.J. VAZIFDAR, J. DATE : 24TH SEPTEMBER, 2010. P.C. :- 1. The following order is passed at the request and with the consent of all the parties. i). The award dated 19.7.2010 is set-aside. ii). Mr.Simil Purohit, an advocate of this Court is appointed as a sole arbitrator to decide the disputes and difference between the parties. iii). Pending the decision of the learned arbitrator on an application under section 17 of the Arbitration and Conciliation Act, 1996 to be filed by the petitioner on or before 31.10.2010, the respondents shall not dispose of, alienate, encumber, part with possession of or create any further third party right, title and/or interest in, to, upon or in respect of their immovable properties without the leave of the Court or the learned arbitrator, as the 2 arbp1102-10 case may be. Needless to add that this order shall be subject to any prior encumbrances created in respect of the said properties. However, in the event of any parties taking any action whether before the Court, Tribunal or any other authority or even otherwise, the respondents shall forthwith inform the petitioner and his advocate of the same in writing. Liberty to the petitioner to apply in that event before the learned arbitrator or before the Court, as the case may be. iv). In the event of the application under section 17 of the 1996 Act not being made on or before 31.10.2010, interim order shall stand vacated without further reference to the Court. The application under section 17 of the 1996 Act is not necessarily restricted to the reliefs claimed in this petition or granted by this order. It is clarified that all the contentions of the parties including in respect of the application under section 17 of the 1996 Act are kept open. In other words, it will be open to the respondents to contend that no interim measures are necessary. The arbitration petition is accordingly disposed of.