ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO. 1575 OF 2008 OF MOTION NO. 1575 OF 2008 OF MOTION NO. 1575 OF 2008 IN IN IN APPEAL APPEAL APPEAL NO.1214 OF 1997 NO.1214 OF 1997 NO.1214 OF 1997 IN IN IN ARBITRATION ARBITRATION ARBITRATION PETITION NO. 70 OF 1997 PETITION NO. 70 OF 1997 PETITION NO. 70 OF 1997 IN IN IN AWARD AWARD AWARD NO. 213 OF 1997 NO. 213 OF 1997 NO. 213 OF 1997 Municipal Corp.of Greater Mumbai ...Appellants. Versus M/s.Abban Construction Pvt.Ltd. & Anr. ...Respondents. Mr.R.D.Dhanuka a/w Mr.K.N.Gaikwad for the Appellants. Mrs.V.A.Modak i/by Mr.V.L.Punjwani for the Respondents. CORAM CORAM CORAM : S.B.MHASE & : S.B.MHASE & : S.B.MHASE & R.V.MORE, R.V.MORE, R.V.MORE, JJ. JJ. JJ. DATED DATED DATED : 22ND AUGUST, 2008 : 22ND AUGUST, 2008 : 22ND AUGUST, 2008. P.C. P.C. P.C. . Heard learned counsel appearing for both the sides. 2. This Notice of Motion is made absolute in terms of prayer clause (a) by consent of the parties. The ( 2 ) learned counsel appearing for both the parties make a statement that Shri. Justice H.Suresh (Retd.) be appointed as an Arbitrator in the proceedings. In view of the statement and concession made by the learned counsel appearing for both the parties, Shri. Justice H.Suresh (Retd.) is appointed as an arbitrator in the proceedings in place of Shri. Justice R.N.Raikar who has since expired. 3. The Notice of Motion is disposed of accordingly. (R.V.MORE, (R.V.MORE, (R.V.MORE, J.) J.) J.) (S.B.MHASE, (S.B.MHASE, (S.B.MHASE, J.) J.) J.)