- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.715 OF 2007 IN ARBITRATION PETITION NO.270 OF 2007 M/s.Mahindra & Mahindra Limited. .. Appellant (Org.Petitioner) Vs. Mr.Hardev Singh Sarao, Proprietor of M/s.Dashmesh Tractors. .. Respondents (Org.Respondents) -- Shri Shailesh Shah i/b M/s.Mahesh Menon & Co. for the Appellant. -- CORAM : SRI R.M.S.KHANDEPARKAR & SRI P.B.MAJMUDAR, JJ DATED : 5TH JUNE, 2008 P.C. 1. Heard the learned advocate for the appellant. 2. Considering the fact that by the impugned order the learned Single Judge has not decided the issue in relation to the entitlement of the relief in the nature of attachment before judgment, nothing prevents the appellant from approaching the learned Single Judge afresh if there is any fresh cause of - 2 - action to seek any such relief. Besides, the liberty is also granted by the impugned order to the appellant to approach the Arbitral Tribunal for interim relief. In the circumstances, we do not find any justification for interference in the impugned order. Bare perusal of the application under Section 9(2)(b) of the Arbitration and Conciliation Act, 1996 would disclose that there was no disclosure of necessary facts which could justify grant of interim relief asked for in the said application, and therefore, no fault could be found in the impugned order. In the circumstances, there is no case for entertaining the appeal. The appeal is, therefore, dismissed. ( R.M.S.KHANDEPARKAR, J ) ( P.B.MAJMUDAR, J )