1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.452 OF 2009 IN ARBITRATION PETITION NO.680 OF 2009 AND NOTICE OF MOTION NO.3589 OF 2009 ... Purshotam Gobindram Bansi and anr. ...Petitioners v/s M/s.Segment Developers Pvt.Ltd. And Anr. ...Respondents ... Mr.A.V.Anturkar i/b V.K.Sharma for the Petitioners. Mr.V.A.Thorat, Sr.Advocate i/b Mr.Bipin Joshi for Respondent No.1. Mr.Sachin A. Mhatre for Respondent No.2. ... CORAM: D.K.DESHMUKH, & R.G.KETKAR, JJ DATED: 7th October, 2009 2 P.C.: 1. It is common ground that Hon ble Mr.Justice B.N.Srikrishna of the Supreme Court (Retd.) has been appointed as the sole arbitrator and that he is seized of the matter. 1.The parties are agreed that the parties to the arbitration can always approach the Arbitrator under Section 17 of the Arbitration & Conciliation Act seeking appropriate interim order. 2.The parties are also agreed that even the Appellant can make an application claiming the same interim relief, which he had claimed in the application under Section 9 of the Act , before the Arbitrator under Section 17 of the Act. 3. The parties are also agreed that in case such an application is made by the 3 Appellant, the Arbitrator will decide that application on the basis of the material produced before him without getting influenced by anything said in the order, which is impugned in the Appeal. 4. It is made clear that apart from the Appellant, other parties to the arbitration are also free to make an application for appropriate interim relief before the learned Arbitrator. 2. In this view of the matter, therefore, appeal disposed of. In view of disposal of the appeal, Notice of Motion No.3589 of 2009 is also disposed of. (D.K.DESHMUKH, J.) (R.G.KETKAR, J.)