rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 3641 OF 1992 SUIT NO. 3641 OF 1992 SUIT NO. 3641 OF 1992 Pacific Basin Shipping & Trading Company Ltd. .. Plaintiffs Vs. Union of india & Ors. .. Defendants Mr. Vishal Muglikar i/b. Mulla & Mulla for the Plaintiffs. Mr.S.R.Rajguru for Defendant No.1. Ms.Manoharan i/b.Rekha Rajgopal for Defendant No.2. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 17TH DECEMBER, 2008 DATED : 17TH DECEMBER, 2008 DATED : 17TH DECEMBER, 2008 P.C. P.C. P.C. . Mr.Muglikar for the Plaintiffs. Ms.Manoharan for Defendant No.2 and Mr.Rajguru for Defendant No.1. 2. The learned Advocate for the Plaintiffs conceded that the dispute covered by the present suit is referred to Arbitrator and Defendants have to appoint their arbitrators. 3. The learned Advocate for the Plaintiffs could not point out the Court as to how the suit could be ( 2 ) proceeded as it is before the Arbitrator covering the same points taken out in the present suit. 4. In my view, the course adopted by the Plaintiffs in prosecuting the suit is not proper and the suit will have to be dismissed as not maintainable, once the matter is given at the hands of the Arbitrator. Hence the order : :: O R D E R :: :: O R D E R :: :: O R D E R :: i. The suit is dismissed as the dispute covered by the present suit is already pending before the Arbitrator. ii. There shall be no orders as to costs. (R.Y.GANOO,J.) (R.Y.GANOO,J.) (R.Y.GANOO,J.)