1 arbp191.11.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 191 OF 2011 Sai Sadguru Developers ....Petitioner. Vs. Mr. Devendra Diwakar & Ors. ....Respondents. Mr. Simil Purohit a/w Ms. Bijal Trivedi a/w Mr. Pranjal Dave i/by M/s. Bhagwati & Co. for the Petitioner. Ms. Darshana Singh i/by M/s. Diwakar Dwivedi for the Respondents. CORAM : ANOOP V. MOHTA, J. DATE : 24th MARCH, 2011 P.C.: Rule, returnable forthwith. Heard finally. The learned counsel appearing for the parties, on instructions, make statement that they are willing to appoint Mr. Pradip Sancheti, Senior Advocate, as the Arbitrator to settle the dispute arising out of the development agreement between the parties. The parties to take steps accordingly. 2 It is clear that both the parties would share costs of the Arbitration Proceedings and all expenses (50%) equally i.e. Petitioner and Respondent Nos. 1 and 2. 3 This Court, after considering the averments made in the Petition, 2 arbp191.11.sxw ssm after hearing the parties on 10 th March, 2011 has passed the following order. Relevant para 2 of the said order reads thus- “2 Considering the averments made and as the petitioners are in possession of the property based upon the development agreement of the year 2007 and the construction has already been in progress since long and as respondent no.3 was earlier developer, but now confirming party is also supporting the Petitioner, therefore, as there is an arbitration clause between the parties, I am inclined to grant ad-interim relief in terms of prayer (a) (ii) and respondents 1 and 2 not to take any coercive steps in the meantime.” 4 Now, in view of the fact that both the parties have willing to appoint the Arbitrator, I am of the view that it is desirable that the order already passed on 10th March, 2011 to continue for 12 weeks, with liberty to both the parties to apply before the learned Arbitrator for appropriate order or modification of the order in question. 5 The Petition is accordingly disposed of. No costs. All the points are kept open. (ANOOP V. MOHTA, J.)