1 nm400.175 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.400 OF 2009 in SUIT NO.175 OF 2009 Smt.Vimlaben Hirji Shah .. Plaintiff vs M/s Valkal & ors .. Defendants with NOTICE OF MOTION NO. 225 of 2009 IN SUIT NO. 3502 OF 2008 Hirji Lalji Gada & Shah .. Plaintiff vs Nital Trading Co & 2 ors .. Defendants with NOTICE OF MOTION NO.323 OF 2008 in SUIT NO. 3458 OF 2008 Hirji Lalji Gada & Shah .. Plaintiff vs Preksha Sarees & 3 ors .. Defendants Mr.D.H.Mehta i.b Mr.P.N.Vira for Plaintiff Mr.Sajan Oomen for Defendant nos. 1 to 3 in Suit No. 175/2009,Defendant nos.1 & 3 in Suit No.3502/2008 and Defendant nos. 1 to 4 in Suit No.3458/2010 2 nm400.175 CORAM: S.C.DHARMADHIKARI, J DATED: 6th September, 2010 P.C. 1. In these suits, the main relief is of dissolution of the firms and accounts. The dispute is between the partners. 2. Upon suggestion by the court as to why these disputes cannot be referred to arbitration, both sides took time to seek instructions and ultimately stated that they are agreeable to the disputes in the three suits being referred to Arbitration by a sole Arbitrator Mr.N.B.Shah of M/s N.B.Shah and Associates,Chartered Accountants having their office at 305, Tulsiani Chambers,Nariman Point, Mumbai-400 021. He is a Chartered Accountant on the panel of this court. Both sides agree that the arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 and the Arbitrator shall make an endeavour and pass an award as expeditiously as possible but, within a period of nine months from the date of receipt of copy of this order. Both sides to bear the costs of arbitration in equal proportion. They will also cooperate with the Arbitrator and produce the necessary records accounts and 3 nm400.175 documents. 3. It is clarified that all contentions of both sides as raised in each of these suits particularly affidavits on the file so also based on MOU are kept open. Notice of motion disposed of in these terms. This order is passed by consent of the parties in presence of the parties/their representatives. S.C.Dharmadhikari, J