1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Arbitration Petition No.104 of 2009 Municipal Corporation of Gr.Mumbai .. Petitioner v/s. M/s.Arabian Jacking Enterprises for Contracting and trading Company. ..Respondents and Arbitration Petition No.772 of 2009 M/s.Arabian Jacking Enterprises for Contracting and trading Company. ..Petitioners V/s Municipal Corporation of Gr. Mumbai ..Respondents Mr.Dhanuka for the Petitioner in Arbp.104 of 2009 Mr.Gautam Patel i/b/ Javed Gaya for the Respondent CORAM : R.Y.GANOO, J. DATED : 21st April, 2010 P.C. : 1. Heard learned Advocates on both the sides. Since the parties have 2 decided to refer the dispute to the Arbitration following order is passed. 2. The differences and disputes between the parties are referred to the Sole Arbitrator Mr.Justice V.P.Tipnis, (Retired Judge, Bombay High Court) for speaking award. All contentions of the parties including as to jurisdiction are left open. Parties have agreed that fresh pleadings will not be filed before the learned Sole Arbitrator and further parties have agreed that the evidence need not be led denovo. However, the learned Arbitrator may in his discretion permit or direct taking of such evidence if he deems it necessary. 3. The aforesaid petitions are disposed of with no order as to costs. 4. Parties to act on the authenticated copy of this Order. [R.Y.GANOO, J.]