1 AP302/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO.302 OF 2010 IN ARBITRATION PETITION NO.412 OF 2009 Charkop Gagan Vihar CHS Ltd. ...Appellants v/s Spectrum Estates Pvt.Ltd. ...Respondents Mr Y.S. Jahagirdar, Sr. Counsel with Mr Gaurav Joshi and Mr K. Gandhi i/b M/s Little and Co. for Appellants. Mr Milind Sathe, Sr. Counsel with Mr Mukul Tally and Mr Rakesh Misar i/b M/s S. Mohamadbhai and Co. for Respondents. CORAM : D.K.DESHMUKH AND R.G. KETKAR JJ. DATE : 3RD AUGUST 2011. 2 AP302/10 P.C. :- 1] Admit. Heard finally by consent of the parties. 2) By consent of parties, appeal is disposed off in following terms. 3) It is common ground that the Arbitral Tribunal has been constituted. The respondents shall within a period of four weeks from today apply to the Arbitral Tribunal for appropriate interim relief. 4) In case the appellants raise question about validity of the General Body Resolution authorising the Chief Promoter to sign the underlying agreement and the arbitration clause therein, that issue shall be decided as preliminary issue by the Arbitral Tribunal. The application of the respondents shall be decided after that decision. While deciding the application for interim relief, the observations 3 AP302/10 made by the learned Single Judge in the order which is impugned in the petition shall not be taken in to consideration. All the contentions for both the sides are kept open. Appeal is disposed off. 5) The respondents shall be at liberty to move the Arbitral Tribunal for continuation of the interim relief. Till such an application is made by the respondents, the interim order which is presently operating, shall continue. Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE R.G. KETKAR )