1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.418 OF 2007 Bipin Jagdishchandra Patel ..Petitioner Vs. Tilak Siddheshwar Co-operative Hsg Sty Ltd. ..Respondents Mr. P.M.Shah for the Petitioner Mr.A.S.Bhalwal i/b Vyas & Bhalwal for Respondents Mr.P.K.Dhakephalkar, Sr. Advocate i/b Mr.A.P.Mhatre for third party CORAM: A.P.DESHPANDE, J. DATED: 16TH, April, 2009 P.C.: 1. This Arbitration Petition has been filed u/s 9 of the Arbitration and Conciliation Act, 1996, praying for interim relief pending appointment of Arbitrator. Ad-interim order has been passed by this court on 01.04.2008 in terms of prayer clause (c). The Learned Counsel for the Respondent No.1 submits that the said Respondent has no objection to the appointment of Arbitrator. The Learned Counsel 2 appearing for the Petitioner and the Respondent society are in agreement that Mr. M.S.Rane retired Judge of the Bombay High Court be appointed as Sole Arbitrator to resolve the dispute between the Petitioner and the Respondent society. The Learned Advocates submitted that the parties viz the Petitioner and Respondent would approach the sole Arbitrator and initiate arbitration proceedings under the Arbitration and Conciliation Act, 1996. Joint prayer is made for disposal of the Arbitration Petition by continuing interim order for specified period so that the Petitioner can move a proper application u/s 17 of the Act before the sole Arbitrator. 2. After filing of the Arbitration Petition and while passing order dated 01.04.2008 this court had issued notice to M/s.Shrushtiraj Enterprises India Ltd. (third party). This court was of the view that having regard to the controversy it would be in furtherance of cause of justice to hear the third party as well. The third party was noticed and the Learned Senior Counsel appearing for M/s.Shrushtiraj Enterprises India Ltd has submitted that in the matter of Arbitration it has no concern, as there is no Arbitration Agreement with the said party. The third party opposed the appointment of Arbitrator so also opposed the extension of the interim relief. M/s. Shrushtiraj Enterprises India Ltd, is not a party to this 3 Arbitration Petition. As there exists an Arbitration Agreement between the Petitioner and the Respondent and as both th parties are in Agreement that retired Judge of Bombay High Court, Mr. M.S.Rane should be appointed as sole Arbitrator. I appoint him as sole Arbitrator and leave it to the parties to approach the Arbitrator. 3. This Arbitration Petition stands disposed of by continuing ad- interim order dated 01.04.2008 for a period of 6 weeks from today within which time it shall be open to the Petitioner to move an appropriate application u/s17 of the Act before the sole Arbitrator. Arbitration Petition stands disposed off. (A.P.Deshpande, J)