1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION APPEAL NO. 31 OF 2009 WITH CIVIL APPLICATION NO. 32 OF 2009 Raosaheb GeGenuji Shinde ..Appellant. Vs. Kum.Bharati Vasantrao Paithankar & Anr. .. Respondents. ..... Mr. M.M. Sathye, for the Appellant. Mr. R.D. Dhanuka i/b Vaishali Choudhari,for Respondent Nos.1 and 2. ..... CORAM: S.C. DHARMADHIKARI,J. DATE : 23 rd APRIL, 2010. P.C. 1. The original Claimant/Appellant challenges the Order passed by the Principal District Judge, Nasik in Civil Misc. Application No.109 of 2000 delivered on 31.8.2009. 2. I am informed that the earlier Sole Arbitrator was replaced with another Arbitrator, both retired Judges of this Court. However, the Sole Arbitrator later on in point of time has communicated his inability to continue with the arbitral proceedings. Therefore, the matter is placed before the Hon’ble the Chief Justice for passing appropriate orders under his jurisdiction under section 11 of the Arbitration and Conciliation Act, 1996. The matter is pending before the Hon’ble the Chief Justice. While the Appellant asserts that there is arbitration agreement between the parties, the Respondents do not accept this position. 2 3. To my mind this appeal can be disposed of by accepting the statement made by the Respondents before the Trial Court that they have no desire nor they do intend to sell or dispose of the property which is subject matter of the Arbitral reference. The statement has been noted in the impugned order and the learned Judge has also reproduced the statements attributed to these Respondents in their affidavit-in-reply. Therefore, these statements can be accepted as an undertaking to this Court but Respondents shall continue to bound by the same till the final Order made by the Hon’ble the Chief Justice on the pending application. The statements are recorded without prejudice to the rights and contentions in the pending proceedings before the Hon’ble the Chief Justice. 4. If the Applicant succeeds before the Hon’ble the Chief Justice he will be at liberty to make an appropriate application so as to preserve the subject matter of the arbitral proceedings. Needless to state that it would be open for the Respondents to contest the same and no opinion is expressed on the merits of the rival contentions as noted in the impugned Order. 5. Appeal is accordingly disposed of on the above terms. No costs. Civil Application does not survive in the light of the disposal of the Appeal. (S. C. DHARMADHIKARI, J.) 3