- 1 - 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 ARBITRATION ARBITRATION ARBITRATION PETITION NO.481 OF 2008 PETITION NO.481 OF 2008 PETITION NO.481 OF 2008 Kirtikant V. Kothari ...Petitioner vs. Sanjay C. Shah & others ...Respondents Ms Shamima Taly i/b S.Mahomadbhai & Co. for the Petitioner Ms Nayna Rane i/b Mr.Vinod Juwale for the Respondents CORAM CORAM CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : DECEMBER 19,2008 : DECEMBER 19,2008 : DECEMBER 19,2008 P.C.: P.C.: P.C.: 1. By consent taken up for final disposal. The learned counsel for the petitioner states that if a chartered accountant is appointed in terms of the interim Award passed by the learned Arbitrator, the petitioner will not press other prayers in the petition for the time being. She pointed out that the chartered accountant named in the interim Award dated 13th February 2008 has declined to act. The learned counsel for the respondents states that the respondents have no objection if this court appoints any chartered accountant from the panel of this court. 2. A copy of panel issued under the signature of the Registrar Original Side, Prothonotary and Senior Master is produced before me. 3. I direct that M/s.M.B.Shah and Associates, Chartered - 2 - Accountants, 305, Tulsiani Chambers, Nariman Road, Mumbai 400 021 are appointed in place of Mr.Mehendale, Chartered Accountant who has been named in the interim Award. 4. As directed by the interim Award, M/s.M.B.Shah and Associates shall complete the work on or before 30th May 2009. 5. The petition is disposed of in above terms by keeping right of the petitioners open to agitate other prayers at appropriate stage. 6. M/s.M.B.Shah and Associates to act upon an authenticated copy of this order. 7. A copy of this order shall be produced before the learned Arbitrator. JUDGE JUDGE JUDGE