CW 1480/08-Mahindra and Mahindra Finance Services Ltd. Vs. Pratap Singh. Judgment dt.1.2.10 1/2 S.B. CIVIL MISC. APPEAL NO.1480/2008 Mahindra and Mahindra Finance Services Ltd. Vs. Pratap Singh. Date of order : 1st February, 2010 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. M.L. Khatri for the appellant. Mr. Dilip Kawadia for the respondent. ------- 1. In this appeal, the order dated 17th September, 2008 has been challenged by the appellant. Vide clause 4 of the said order, the learned court below has ordered that the dispute between the parties would be referred to the Arbitrator as per their agreement and the arbitrator will decide the same within a period of 6 months from today. 2. Both the learned counsels submitted that no arbitrator has been appointed so far and, therefore, no steps could have been be taken. 3. In the opinion of this court, the matter is unnecessarily pending and the dispute deserves to be decided by the learned Arbitrator in terms of the provisions of the Arbitration and Reconciliation Act, 1996. 4. Consequently, without interfering with the impugned order dated 17th September, 2008, it is directed that both the parties will take steps for proceeding with the matter before the learned Arbitrator and it is expected that the learned Arbitrator shall decide CW 1480/08-Mahindra and Mahindra Finance Services Ltd. Vs. Pratap Singh. Judgment dt.1.2.10 2/2 the dispute between the parties within a period of 6 months from today. It is needless to add that the prayer for interim order may be made before the Arbitrator and same may be granted by the learned Arbitrator in accordance with law. 5. Appeal is accordingly disposed of. [ DR. VINEET KOTHARI ], J. item No.119 babulal/