1 6.arbp.110.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION skt ARBITRATION PETITION NO. 110 OF 2009 WITH NOTICE OF MOTION NO. 2936 OF 2009 Shree Krishna Hindu Merchants Club ... Petitioner Vs. Shree Kunthu Impex Pvt. Ltd. ... Respondent ...... Mr.Birendra Saraf a/w. Mr.Cyrus Ardeshir i/by. V. Deshpande & Co. for the Petitioner. Mr.Atul Rajadhyaksha, Senior Counsel a/w. Mr.Pankaj i/by Nagendra Dube for the Respondent. ...... CORAM : S.J. VAZIFDAR, J. DATE : OCTOBER 6th, 2010. P.C. 1 This is a petition under Section 9 of the Arbitration and Conciliation Act, 1996. 2 The Petitioner seeks an order restraining the Respondent from carrying on any renovation in the premises which are the subject matter of the alleged agreement between the parties. 3 It is not necessary at this stage to express any final view in view of the fact that at present there is no licence in favour of the Respondent to carry on the business and in view of Mr.Rajadhyaksha’s statement that 2 6.arbp.110.09.sxw even in the event of licence being obtained by the Respondent, the renovation work will not commence until after the expiry of a period of two weeks from the service of a notice upon the Petitioner’s Advocate of their intention to commence the renovation work. Such notice shall also specify the nature of the renovation proposed to be carried out. The statement is accepted. In the event of the Petitioner seeking any interim orders against the Respondent either before the Arbitral Tribunal or before this Court, the same shall be done only after giving at least 72 hours notice in writing to the Respondent and their Advocates. 4 The petition is accordingly disposed of. 5 In view of the above, no orders are necessary in the Notice of Motion and the same is accordingly disposed of. -