1 arbp935-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.935 OF 2010 Motibhai K. Patel & Anr. ....Petitioners V/s. Mrs.Seemaben S. Pate & Anr. ....Respondents Mr.Vishal Sheth i/b Mr.Bimal Rajsekhar for the Petitioners. Mr.A.M. Vernekar for Respondent No.1. None for Respondent No.2. CORAM : S.J. VAZIFDAR, J. DATE : 22ND NOVEMBER, 2010. P.C. :- 1. The petition has been filed under section 9 of the Arbitration and Conciliation Act, 1996. 2. The dispute which is the subject matter of the reference before the learned arbitrator pertains to the title in respect of three commercial galas. According to respondent No.1, it is only one gala. That would not make no difference to the present petition. 3. Respondent No.1 alleges having entered into a leave and licnece agreement with respondent No.2 in respect of the said premises. The leave and licence agreement has come to an end. Despite the same, I am not inclined to grant interim reliefs of the nature sought viz. for the appointment of the Court Receiver to dispossess respondent No.2 and to hand over possession of the premises to the petitioners. That relief must 2 arbp935-10 await the outcome of the award. Respondent No.2 is not a party to the arbitration agreement. Apart from the question whether the interim reliefs can be granted against a third party or not in the facts and circumstances of the present case, I am not inclined to pass any interim reliefs which would adversely affect the rights of respondent No.2. It is sufficient in the facts of this case to protect the property pending the arbitral proceedings. 4. Respondent No.2 has not appeared despite being served presumably as respondent No.2 was allegedly in possession of the premises as a licensee and the said licence has come to an end. Respondent No.2 therefore cannot be affected by the order I intend passing. 5. The petition is therefore disposed of by appointing the Court Receiver in respect of the said premises. However, the Court Receiver shall at this stage take only formal possession at this stage, if any third party including respondent No.2 is in possession of the premises. The Court Receiver shall appoint such third party as his agent but without security or royalty.