* 1 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 244 OF 2007 IN ARBITRATION PETITION NO. 339 OF 2006 M/s. Anand Shree (Bombay) .... Appellant V/S. Unitech Limited .... Respondent ------- Mr. Rajesh Shah i/by. Makarand Gandhi & Co., Advocate for the appellants. Mr. Pradip Sancheti, Senior Advocate i/by. Jurisconsultus, Advocate for the respondent. CORAM : D.K. DESHMUKH, & SMT. R.P. SONDURBALDOTA, JJ. DATED : 6th JULY, 2010. P.C. :- 1. The learned counsel appearing for the respondent informs us that the arbitration proceedings between the parties have already commenced and that recording of evidence of the claimant before the learned Arbitrator has progressed substantially. The statement is accepted. In our opinion, as the arbitration proceedings are progressing and they are likely to be over in the near future, the following order would meet the ends of justice. * 2 * 2. The interim order passed by the learned Single Judge which is challenged in the Appeal, shall continue to operate. However, in case the arbitration proceedings do not get over in the near future, the appellant shall be at liberty to apply before the learned Arbitrator for appropriate interim order, even for vacation of the interim order passed by the learned Single Judge which is challenged in the Appeal by making an application under Section 17 of the Arbitration and Conciliation Act, 1996. In case, such an application is made, the learned Arbitrator shall hear it and dispose it off in accordance with law without being influenced by the order passed by the learned Single Judge, which is impugned in the appeal. Appeal disposed off. [D.K. DESHMUKH, J] [SMT. R.P. SONDURBALDOTA, J]