mst 1 LPA.216.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION LETTERS PATENT APPEAL NO.216 OF 2010 AGAINST WRIT PETITION NO.4157 OF2010 WITH CIVIL APPLICATION NO.276 OF 2010 IN LETTERS PATENT APPEAL NO.216 OF 2010 M/s.Hemal Builders through its proprietor Mr.Kunal Pravinchand Gala Appellant VERSUS Arumogham Thankappan Nadar Respondent Mr.P.K.Dhakhephalkar, Sr.Adv. with K.S.Dewal and R.S.Tanna for appellant. Ms.Neeta Karnik for respondent no.1. CORAM : MOHIT S. SHAH, C.J. AND DR. D.Y. CHANDRACHUD, J. DATE : 24th September 2010 P. C. : 1. The challenge in this appeal is to an interlocutory order dated 16th June 2010 passed by learned Single Jude of this Court in Writ Petition No.4157 of 2010 by which the learned Single Judge directed the parties to maintain status-quo and stayed the further arbitration proceedings. In view of the order that we propose to pass with the consent of the parties, it is not necessary mst 2 LPA.216.10 to set out the facts in detail. 2. Writ Petition No.4157 of 2010 is filed by the respondent herein for challenging the order dated 5th May 2010 passed by learned Civil Judge, Senior Division, Thane on application at Exhibit-39 filed in Special Civil Suit No.815 of 2009. The said application was filed under section 8 of the Arbitration and Conciliation Act, 1996. By the said order the learned Trial Court referred the matter to arbitration. 3. The learned Single Judge granted Rule and directed the parties to maintain the status-quo till disposal of writ petition and stayed the arbitration proceedings till disposal of Writ Petition No. 4157 of 2010. Hence, this appeal. 4. Having heard the learned counsel for the parties for some time, we are of the view that the interests of justice will be served if the appeal as well as Writ Petition No.4157 of 2010 are disposed of with a direction to the Trial Court to hear and decide the Special Civil Suit No.815 of 2009 as expeditiously as possible and preferably within six months from the date of receipt of writ of this order. In the mean time, the appellant-defendant is at liberty to file the written statement within one month from today. 5. Accordingly, with the consent of counsel, this appeal is allowed. Writ Petition No.4157 of 2010 is allowed. We set aside the order dated 5th May 2010 passed below Exhibit-39 in Special Civil Suit No.815 of 2009. The appellant-defendant is at liberty to file written statement within one month from today and thereafter mst 3 LPA.216.10 the learned Trial Judge shall hear and decide the suit as expeditiously as possible and preferably within six months from today. Till final disposal of the suit, status-quo as of today shall be maintained and a statement to that effect is made by counsel for the Respondent. 6. In the mean time, the order of status-quo already passed by the Trial Court shall continue to operate till final disposal of the suit. 7. It is clarified that if the respondent-plaintiff makes an application for any further interim orders, the Trial Court shall hear and decide the same in accordance with law. CHIEF JUSTICE DR. D.Y.CHANDRACHUD, J.