IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT (L) NO.2824 OF 2008. M/s. Jaybharat Automobiles Ltd. ..Plaintiff. versus Central Warehousing Corporation. ..Defendant. .... Mr.D.V. Merchant, Senior Counsel, a/w. Dilip Rai,i/b. Aruna Singh, for the Plaintiff. Mrs.S.I. Shah, i/b. S.I.Shah & Co., for the Defendant. .... CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 18th October 2008. : 18th October 2008. : 18th October 2008. P.C.: 1. The learned senior counsel appearing for the plaintiff in support of the notice of motion states that the plaintiff has already filed arbitration petition (lodging) no.681/2008 in this Court and the same has been fixed on 20th November 2008. He states that in view of filing of the said arbitration petition under section 9 of the Arbitration and Conciliation Act, 1996, the plaintiff does not desire to prosecute this suit with liberty to prosecute the said petition. He submits that the hearing of the arbitration petition may be kept in the next week as there is a threat of dispossession on the basis of the notice issued by the defendant. The learned counsel appearing for the defendant opposes 2 grant of any protection. 2. Considering the fact that the plaintiff has already filed a petition under section 9 of the Arbitration and Conciliation Act, 1996, for a limited period, protection deserves to be granted to the plaintiff. 3. The suit is dismissed as withdrawn with liberty to the plaintiff to prosecute the aforesaid arbitration petition. All contentions of the parties on merits are kept open. The plaintiff will be entitled to refund court fees as per the rules. 4. The arbitration petition lodging no.681/2008 shall be placed for consideration of ad-interim relief on Thursday i.e. 23rd October 2008. For a period of 3 weeks from today, status-quo as regards possession shall be maintained by the parties. 5. In view of this order, the notice of motion does not survive and the same is disposed of. (A.S.Oka,J)