gopi 1 app-lodg.447-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL LODGING NO.447 OF 2011 IN NOTICE OF MOTION NO.1212 OF 2011 IN SUIT NO.850 OF 2011 Americorp Capital Private Limited. ..Appellant Vs. Saraswat Co-op. Bank Limited & Ors...Respondents Mr. Nitin Thakkar with Mr. Amit Vyas i/b. Rajani Associates for the appellant. Anwar Landge i/b. Swati Sawant for Respondent. CORAM : MOHIT S. SHAH, C. J. AND GIRISH S. GODBOLE, J. 26 July 2011 PC: Without prejudice to the rights and contentions of the appellant and without submitting to the jurisdiction of the Arbitrator appointed under the Multi State Co-operative Societies Act, the appellant shall within four weeks from today make an application before the Arbitrator contesting the applicability of the Act, for the purpose of arbitration. 2. The Arbitral Tribunal shall decide the said application within four months from the completion of pleadings in the said application, after giving an opportunity of hearing and by passing a reasoned order. 3. If the decision of the Arbitral Tribunal on the said application is against the appellant, the Arbitral Tribunal shall not proceed further in the matter for a period of one month after the decision is served on the gopi 2 app-lodg.447-11.sxw appellant’s Advocate. 4. The learned Counsel for the appellant states that the appellant is satisfied with the above directions. The appeal is accordingly disposed of in terms of the above directions. 5. Liberty to apply in case of any difficulty. CHIEF JUSTICE GIRISH S. GODBOLE, J.