( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD APPEAL FROM ORDER NO. 73 OF 2008 WITH CIVIL APPLICATION NO. 313 OF 2009 AND CIVIL APPLICATION NO. 3527 OF 2008 The State of Maharashtra, through Collector and anr. .. Appellants Versus M/s. A.B. Dongre and Company .. Respondent Shri S.P. Dound, A.G.P. for the appellants. Shri S.S. Choudhari, Advocate for sole respondent. CORAM : P.R. BORKAR,J. DATED : 03.08.2009 P.C. :- 1. Heard A.G.P. Shri S.P. Dound for the appellants and Adv. Shri S.S. Choudhari for the respondent. This appeal From Order is directed against the order passed under Section 89 of the Civil Procedure Code appointing Pralhad Supda Borahate, retired Superintendent Engineer, B.G. Patil Marg, M.J.P.Aerandwane, Pune – 4, as an Arbitrator on the ( 2 ) application of the respondent. The appellant did not agree to refer the matter to the Arbitrator and there is also no clause of arbitration in Tender Exh. “D” between the parties. So, this appeal raises question whether suo-moto the Court can appoint anybody as an Arbitrator on the request of one of the parties. However, at the same time, such order under Section 89 of the C.P.C. is not appealable under Order 43. It cannot be said that the order under challenge is one which amounts to decree. So, in the circumstances, this Appeal From Order is dismissed, as no appeal is provided under Order 43 of the Civil Procedure Code. It is made clear that the appellant is at liberty to pursue any other remedy available to him under the law. The appeal from order is accordingly disposed of. 2. In view of dismissal of the Appeal From Order, the connected Civil Applications do not survive. The Civil Applications stand disposed of. [P.R. BORKAR,J.] snk/2009/JUN09/ao73.08