- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2128 OF 2008 IN APPEAL NO.609 OF 2001 IN ARBITRATION PETITION NO.221 OF 1998 Municipal Corporation of Brihanmumbai. .. Appellant. Vs. Shri Jayant Dharshi Shah & Anr. .. Respondents -- S/Shri Ramesh Dhanuka along with K.N.Gaikwad for the appellant. Ms Deepa Ahuja i/b Arun Sapkal & Co. for the Respondents. -- CORAM : SRI R.M.S.KHANDEPARKAR & SRI P.B.MAJMUDAR, JJ DATED : 2ND JULY, 2008 P.C. 1. Heard. Admit. By consent, heard forthwith. 2. Taking into consideration the facts disclosed in the affidavits filed by the parties and the fact that the learned Arbitrator appointed earlier has already expired, while exercising powers in terms of Section 8 read with Section 25 of the Arbitration Act, - 2 - 1940, by consent of the parties, Shri Justice P.S.Patankar, retired, is hereby appointed as the Arbitrator in place of the original Arbitrator Shri Raikar. The terms of reference and the conditions on which the arbitration proceedings shall proceed, shall be in accordance with the judgment dated 18th October, 2007 passed in Appeal No.609 of 2001 in Arbitration Petition No.221 of 1998 and in terms of the agreement between the parties. The learned Arbitrator is expected to conclude the arbitration proceedings and to declare award within a period of six months from the date of communication of this order to the learned Arbitrator. 3. With the above directions, the notice of motion is disposed of. ( R.M.S.KHANDEPARKAR, J ) ( P.B.MAJMUDAR, J )