:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. O.O.C.J. O.O.C.J. NOTICE OF MOTION NO. 560 OF 2006 NOTICE OF MOTION NO. 560 OF 2006 NOTICE OF MOTION NO. 560 OF 2006 IN IN IN SUIT NO. 497 OF 2006 SUIT NO. 497 OF 2006 SUIT NO. 497 OF 2006 Shobadevi A. Mohatta ...Plaintiffs. vs. Ravi Kumar G. Mohatta and Ors. ...Defendants. V.J. Shah i/by. Purohit and Purohit for the plaintiffs. D.V. Merchant, Sr. Adv i/by.D.G. Rangras for defendant no.1 and 2. N.G Thakkar, Sr. Adv ib.y S. Pathak and Co. for defendant no.3,4 and 5. Pratik Sanchet i i/by. T. Madgaonkar for defendant no.7 and 8. Vicky Singh ib.y SRA Shaikh for defendant no.9. CORAM: S.U. KAMDAR, J. CORAM: S.U. KAMDAR, J. CORAM: S.U. KAMDAR, J. DATE : 2nd March, 2006. DATE : 2nd March, 2006. DATE : 2nd March, 2006. P.C. : P.C. : P.C. : 1. By consent of the parties all the differences and disputes raised in the present suit as well :2: :2: :2: as arising out of the partnership deed between the plaintiff and the defendant nos.1 to 8 are referred to the arbitration of Shri S.N.Variavah (Retd Judge of the Supreme Court). 2. The defendant no.7 and 9 have consented to the arbitration proceeding as a member of the HUF Rajendrakumar B. Mohatta. 3. In so far as defendant no.9 is concerned he states that he is not in possession of any of the property which are the subject matter of the present suit and further states that in any event if he wants to recover possession of the property he will follow due process of law. 4. It will open to the parties to apply for interim reliefs both before the court as well as before the Arbitrator under Section 9 and 17 of the Arbitration and Conciliation Act, 1996. The parties rights will be forthcome governed by the Arbitration and Conciliation Act, 1996. :3: :3: :3: 5. Suit as well as motion disposed off accordingly. Parties to maintain status-quo for a period of one week from today. sd/- *************