IN THE HIGH COURT OF BOMBAY AT GOA APPEAL UNDER ARBITRATION ACT NO. 6 OF 2011 MR. ORLANDO FERNANDES ... Appellant Versus MR. D. B. SAWANT AND 2 ORS., ... Respondents Mr. S.S. Kakodkar, Advocate for the Appellant. Mr. H.D. Naik, Advocate for Respondent No.1. Mr. A.N.S. Nadkarni, Senior Advocate with Mr. D. Lawande, Advocate for Respondent No.2. Mr. A. Kakodkar, Additional Government Advocate for Respondent No.3. Coram:- F. M. REIS, J. Date:- 8th September, 2011 P.C.: Heard Shri S.S. Kakodkar, the learned Counsel appearing for the appellant, Shri H.D. Naik, learned Counsel appearing for respondent no.1, Shri A.N.S. Nadkarni, learned Senior Counsel appearing for respondent no.2 and Shri A. Kakodkar, learned Additional Government Advocate for respondent no.3. 2. After hearing the matter for sometime, Shri S.S. Kakodkar, the learned Counsel appearing for the appellant has sought leave to withdraw the above appeal with liberty to agitate the contentions before the Arbitrator, if appointed under the provisions of Arbitration Act, 1996. He further states that any findings passed in the impugned order should not come in his way in raising such contentions before such Arbitrator, as they are prima facie findings. 3. Shri A.N.S. Nadkarni, the learned Senior Counsel does not dispute the said proposition on the ground that applications under Section 9 are disposed on the basis of prima facie findings which in any event do not bind the Arbitrator while deciding the dispute. 4. Having considered the rival contentions of both the Counsel, the appellant is allowed to withdraw the above appeal with liberty as prayed for. 5. The appeal stands disposed of with no order as to costs. F. M. REIS, J. NH