- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. ARBITRATION PETITION NO.338 OF 2005 ... The New usha Kiran Co.op.Hsg. Society Ltd. ...Petitioner v/s. Struct-Mast Engineers ...Respondent ... Mr.D.D. Madon i/b Thakore Jariwala & Associates for the Petitioner. Mr.Phiroz Palkhiwala i/b Pimenta Kapasi & co. for the Respondent. ... CORAM: D.K.DESHMUKH, J. DATED: 20TH DECEMBER,2005 - 2 - P.C.: By consent of parties, award impugned in the petition is set aside. (ii) The disputes between the parties are referred to Hon’ble Mr.Justice V.R. Datar, (Retd.) for decision in accordance with Arbitration & Conciliation Act, 1996. (iii) Reference is made to the learned arbitrator under the scheme framed by the High court. The initial payment of fees of the arbitrator shall be made by the Petitioner, subject to the arbitrator issuing suitable directions in the award about apportionment of the fees. (iv) No order as to costs. ...