spb/- 1 28-10-1289-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION APPEAL FROM ORDER NO. 1289 OF 2010 WITH C.A. NO. 1587 OF 2010 IN A.O.NO.1289 /2010 Smt. Sulochana Atmaram Develkar & Ors. ... Appellants. Vs. M/s. Sagar Developers ... Respondents. --- Mr. K.K. Pandey for the Appellants. Mr. Harinder Toor for the Respondents. ----- CORAM : J. H. BHATIA, J. DATE : 28TH OCTOBER, 2010. P.C. 1 Heard the learned counsel for the parties. 2 Looking to the facts of the case, the reasons given by the trial court and law laid down by the Supreme Court in the case of Branch Manager, Magma Leasing & Finance Ltd., vs. Potluri Madhavilata (2009) 10 Supreme Court Cases 103), I do not want to interfere with the impugned order because as per the terms of the contract between the parties there is a clause for reference of the dispute to arbitrator and the respondents-defendants has moved an application before the trial court to refer the dispute to the arbitrator in view of the said clause. spb/- 2 28-10-1289-10.sxw However, the learned counsel for the appellants-plaintiffs seeks time to move the High Court on original side for interim relief under Section 9 and as the courts will be closed for ensuing Dipawali Vacation till 14th November, 2010, some interim protection needs to be given to the appellants. The learned counsel for the Respondents opposes the same. 3 In the light of the above, the appeal and the civil application stand dismissed. However, the Respondents shall maintain status-quo for a period of four weeks from today so as to facilitate the present appellants- plaintiffs to move High Court on the original side for some interim relief. Order accordingly. (J.H. BHATIA, J.]