arbpl1269.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (LODGING) NO. 1269 OF 2009 Smt. Bhagawati D. Aswani ...Petitioner. Vs. Jagdish C. Malukani & Ors. ...Respondents. Ms. Shilpa Kapil for the Petitioner. Mr. K.M. Jawle for the Respondents. Mr. Jagdish C. Malukani, Respondent No.1 present in the Court. CORAM :- ANOOP V. MOHTA, J. DATED :- 8TH FEBRUARY, 2010. P.C.- 1 The Petitioner has invoked Section 9 of the Arbitration and Conciliation Act, 1996 (for short, the Arbitration Act), in view of the Arbitration clause in the partnership deed of the firm viz. M/s. Shalimar Electronics Industries. The learned counsel appearing for contesting Respondent, filed reply. 2 Admittedly the firm is in existence. The business is going on. The parties have already nominated their respective Arbitrators and thereby invoked arbitration clause. However, considering the averments made and in view of the apprehension so raised and also for the fact that the Respondents have surrendered the tenancy, at this stage, I am inclined to arbpl1269.09 2 pass order in terms of prayer clause (a). However, as Respondent No.1, who is contesting Respondent, present in the Court, the learned counsel appearing for the Respondents makes statement on instructions, that they will not transfer/ create any further rights and/or interest over the properties of the partnership firm as provided/ described in prayer clause (a) (i) and (a)(ii). The statement is also made that the property mentioned in prayer clause (a)(i), is situated at Daman and the landlord is one M/s. Alpha Erectors Private Limited, by which all the Respondents have controlled over the same. 3 In view, of this, an apprehension so raised by the Petitioner, is protected. This protection/ statement shall continue till the final disposal of the dispute before the Arbitral Tribunal. The liberty is granted to the parties to raise appropriate plea/defence as required and as necessary including the settlement of accounts and all other claims/disputes/ differences as raised by invoking the Arbitration clause. 4 In view of this, by keeping all points open to both the parties, the Petition is disposed of. No order as to costs. (ANOOP V. MOHTA, J.)