1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO. 3898 OF 2010 IN WRIT PETITION NO. 4307 OF 2006 The Maharashtra State Co-op. Bank Ltd. .. APPLICANT VERSUS The Administrator, The Nanded District Central Co-operative Bank Ltd & others .. RESPONDENTS Mr. R.N. Dhorde, advocate for the applicant. Mrs. Y.M. Kshirsagar, AGP for the State. Mr. A.P. Piratwad, advocate holding for Mr. D.N. Suryawanshi, advocate for respondent no. 1. ===== CORAM : R. M. BORDE, J. DATE : 3 rd SEPTEMBER, 2010. PER COURT : 1 This court while dealing with Writ Petition no. 4307/2006 on 21-8-2009 issued directions to the AGP to take instructions from the concerned authority as to whether the matter can be referred to the Commissioner for Co-operation, Maharashtra State, Pune for arbitration. All the parties to the dispute i.e Maharashtra State Co-operative Bank as well as Nanded District Central Co-operative Bank Ltd, Nanded and Nanded Sahakari Sootgirni Ltd, Nanded have tendered communication which is placed on record at pages 2 16, 17 and 18 whereby expressly agreeing for reference of the dispute to the Arbitrator in terms of order passed by this court earlier. The proposed terms of reference are noted in paragraph no. 4 of the application. The parties appearing before the court agree that the dispute can be referred to the Arbitrator i.e. respondent no. 4 as suggested by the court and the terms of reference will be as stated in paragraph no. 4 of the application. It is also open for the Arbitrator to formulate disputed points to be decided by him in terms of paragraph no. 4(iv). In this view of the matter, there shall be no impediment in referring the dispute for determination to the Arbitrator i.e. respondent no. 4. Application is thus allowed in terms of prayer clause ‘A’ The arbitrator / respondent no. 4 is directed to proceed to render decision in the dispute in terms of the reference stated in paragraph no. 4 of the application. The arbitrator shall pass an award after following procedure prescribed under Arbitration and Conciliation Act within a period of four months from the date of receipt of reference from the office of this court. Civil application stands disposed of. It is needless to record that the final out come of the petition would be dependent upon the award that would be passed by the Arbitrator. ( R. M. BORDE, J.) dyb/office/ca3898.10.odt