1 arbpl1653.09.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (L) NO. 1653 OF 2009 Kotak Mahindra Bank Limited ....Petitioner. Vs. Stalin Elish Soman & Ors. ....Respondents. Ms. Disha Karambar for the Petitioner. Mr. Rajesh J. Tripathi for the Respondents. CORAM : ANOOP V. MOHTA, J. DATE : 14th JANUARY, 2011 P.C.: The Petitioner has invoked Section 9 of the Arbitration and Conciliation Act, 1996 (for short the Act). The learned counsel appearing for the Respondents, makes statement that the Respondents are trying to settle the matter. There is arbitration agreement between the parties. The learned counsel appearing for the Respondents, on instructions, makes statement that they will not transfer or create any third party rights on the property described at Exhibit “B”, with reference to the residential flat No. 203, item No.1 only of the schedule, as already recorded in the order dated 21st January, 2010. 2 Considering the averments so raised and as the case is made out 2 arbpl1653.09.sxw ssm as contemplated under Section 9 read with Order 40 of the Code of Civil Procedure, I am disposing of this Petition with the clear observations that the statement so recorded on 21st January, 2010 shall continue till the award, if so passed, attains finality. However, the liberty is granted to the parties to apply for appropriate order before the Arbitral Tribunal. The liberty is also granted to the parties to settle the matter at any stage of the proceedings. 3 In view of this, the Petition is disposed of. No costs. The office objections, if any, are dispensed with. The Petition be registered, accordingly. (ANOOP V. MOHTA, J.)