*1* s.1254.1255.10 kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.1254 OF 2010 with NOTICE OF MOTION NO.1399 OF 2010 IN SUIT NO.1254 OF 2010 AND SUIT NO.1255 OF 2010 with NOTICE OF MOTION NO.1398 OF 2010 IN SUIT NO.1255 OF 2010 Sagarmal Chunilal. ..Plaintiff (in both suits) -Versus- Ram Avtar Sharma and another. (Suit No.1254/10) Bajranglal Eriwal and another. (Suit No.1255/10) ..Defendants .......... Ms.Usha Gadagkar i/b Divya Shah Associates for the Plaintiff. Satish Upadhyay i/b Ajay Law Associates for the Defendant Nos.1 to 8. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 30th September, 2010. P.C. 1 It is stated by the Plaintiff’s Advocate that in another proceedings between the same parties, an Appeal (Lodging) No.687/2009 was filed in which appeal the parties tendered the consent terms. The consent terms referred all the disputes in those proceedings to the arbitration of two arbitrators who will then appoint the presiding arbitrator, that Arbitral Tribunal will be concerned with those disputes. It is stated that the disputes in the present suits are also identical and *2* s.1254.1255.10 therefore, the parties intend to withdraw the suits and have their disputes referred to the same Arbitral Tribunal. 2 This statement made by the Plaintiff’s Advocate is confirmed by the Defendants’ Advocate. He also confirms that the disputes are identical to that involved in the order passed in the said appeal. 3 In the light of these statements made, both the suits are also to be withdrawn by referring the disputes therein to the Arbitral Tribunal as per the consent terms filed in the Appeal (Lodging) No.687/2009 (Sagarmal Chunnilal and others Vs. Bajranglal Eriwal and others). The Arbitral Tribunal referred to in this consent terms shall adjudicate upon the disputes in these suits along with the other proceedings. The consent terms and the order in appeal are taken on record and marked “X” for identification. 4 The suits are, accordingly, disposed of. Refund of the Court fees as per rules. Ad-interim order if any stands vacated. 5 In view of disposal of the suits, the Notice of Motions do not survive and the same are also disposed of. (S.C. Dharmadhikari, J)