- 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 PETITION NO.587 OF 2008. Vardharaj Vishnu Mapsekar. ..Petitioner. vs. Pradeep Sakaram Sangle. ..Respondent. .... Dr.Mr.Virendra Tulzapurkar, a/w.A.M.Vernekar, for the Petitioner. Rushabh Shah, i/b. Hemani Jhariya, for the Respondent. .... CORAM CORAM CORAM: S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. DATE DATE DATE : 17TH JANUARY 2009 : 17TH JANUARY 2009 : 17TH JANUARY 2009. P.C.: P.C.: P.C.: . This petition is under section 9 of the Arbitration and Conciliation Act, 1996. After hearing the parties at some length, the following order is passed by consent of the parties :- (1) During the pendency of the Arbitral proceedings commenced between the petitioner and the respondent, and making of the Award by the Arbitral Tribunal and its enforcement, (i) the respondent, his family members, agents, servants or persons acting by or under him are restrained by an order and injunction from selling, disposing off, creating any third party, right, title or interest, encumbering, alienating or parting with possession of the premises, viz. (1) flat no.203 on the 2nd floor of Shivshakti Apartments, G.D. Ambedkar Road, Boiwada, Parel, Mumbai-400 012, (2) A/301, - 2 - Shivshakti Apartments, G.D. Ambedkar Road, Boiwada, Parel, Mumbai-400 012, (3) Flat at Osal Park, Near Hotel Satkar, Near Shivaji Nagar Bus Stand, Pune. (ii) The petitioner, his family members, agents, servants or persons acting by or under him are restrained by an order and injunction from selling, disposing off, creating any third party right, title or interest, encumbering alienating or parting with possession of the premises viz. room no.SS III/ 760, Sector No.2, Kopar Khairne, Near Terna College, CIDCO Ltd., Vashi, Navi Mumbai. (2) The respondent shall deposit in Court a sum of Rs.16.50 lacs received by the respondent towards the purported proceeds of sale of the Bandra office within a period of one week from the date of this order. Upon such deposit by the respondent, the Prothonotary and Senior Master to invest the said amount in fixed deposit with any of the nationalised banks, for a period of six months at a time until further orders of the Court. (3) The petitioner shall be at liberty to take out appropriate proceedings against the respondent impugning the purported sale of office premises being 64/2788, Ganesh Krupa Co.operative Housing Society at Gandhinagar, Opp. Samaj Mandir Hall, Bandra (East), Mumbai-400 051 to third parties. - 3 - 2. Needless to add that this order obtained by the parties is without prejudice to the rights and contentions of the parties. . In view of the above order, the arbitration petition stands disposed of with no order as to costs. [S.J.KATHAWALLA, [S.J.KATHAWALLA, [S.J.KATHAWALLA, J.] J.] J.]