: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.608 OF 2009 Dr. Francis Pelagio Candes .. Petitioner v/s. Dr.(Mrs.) Kalpana D. Velaskar .. Respondent ......... Mr. H.S.S. Murthy for the petitioner Ms. Smita Gaidhania for the respondent ......... CORAM : R.Y.GANOO, JJ. MARCH, 22nd 2010. P.C. : 1. In terms of minutes of order dated 19th March, 2008, Arbitration Petition No.129 of 2008, learned advocate Mr. U.J. Makhija was appointed as an Arbitrator to arbitrate the dispute between the petitioner and the respondent herein. Events, which have taken place prior to 19th March, 2008 need not be stated as fact remains that both the parties then wanted learned advocate U.J. Makhija to act as an Arbitrator. : 2 : 2. By this petition, the petitioner wants that the said proceedings to be conducted by learned Arbitrator Mr. U.J. Makhija be directed as terminated on the ground that since after passing of the order dated 19th March, 2008, no claim came to be filed by the respondent herein. 3. When this petition was taken up for hearing, learned advocate appearing on behalf of the respondent upon instructions from her client made a statement across the bar that the respondent is willing to go for arbitration in accordance with order dated 19th March, 2008 and that the respondent is interested in filing the claim. 4. Now that the respondent has indicated her mind to go before the Arbitrator, there is no need to pass an order in terms of prayer clause (a). However, an order will have to be passed in the alternative that if the claim is not filed within reasonable time, the arbitration proceedings will have to be treated as terminated. In my view, this arrangement will meets the ends of justice. 5. Learned advocate Mr. Murthy appearing on behalf of the petitioner pointed out that Court Receiver, High Court was appointed in regard to the premises where the petitioner and the respondent were carrying on blood : 3 : bank. He submitted that Receiver was appointed and certain amounts to the tune of approximately Rs.1,90,00,000/- are lying with the Receiver and in regard to that the Income Tax Authority have raised notice of demand dated 9th March, 2009. Learned advocate Mr. Murthy submitted that to his knowledge till today, no action is initiated by the Court Receiver in regard to this notice of demand. He pressed for an order asking the Court Receiver to take appropriate action in regard to the said notice of demand to pro tect the interest of both the parties as notice has been addressed to the Receiver. For the reasons aforesaid, the following order is passed. ORDER (i) Statement made by learned advocate for the respondent that the respondent wishes to lodge a claim before the arbitrator namely learned arbitrator Shri. U.J. Makhija is accepted. The resondent to file such a claim on or before 7th June, 2010. It is clarified that once the claim is filed by the respondent, learned arbitrator shall proceed in accordance with the provisions of law. No views are expressed on the merits of the matter. (ii) If at all, the present petitioner wants to file a counter claim, he is free to do so. Once the claim is filed by the respondent learned arbitrator to proceed in accordance with the provisions of law. (iii) If the present petitioner wants to file his claim without : 4 : waiting for respondent to file her claim, petitioner is permitted to file such claim before the learned arbitrator on or before 7th July, 2010. If ultimately no claim is received by the arbitrator till 7th July, 2010, arbitration proceedings to stand terminated without further orders from the Court. The Receiver, High Court is hereby directed to attend to the notice of demand dated 19th March, 2009 raised by the Income Tax Authority regarding the amount lying with the Court Receiver. This be done within a period of 4 weeks from today. (iv) Petitioner to serve an authenticated copy of this order to the Receiver, High Court, Bombay. All questions between the parties are left open. No views are expressed in regard to the merits of the matter. There shall be no order as to costs. (v) After the proceedings are initiated by the Court Receiver regarding the notice of demand, the Court Receiver is directed to deposit the amount lying with him in this Court within a period of two weeks from initiation of the proceedings. Office to accept the said amount. If the amount is received by this Court, office to invest the same initially for a period of one year and thereafter renew the same from time to time, till further orders. [R.Y.GANOO, J.]