IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPEAL NO. 3 OF 2010 Mr. Chandrakant P. Sanghvi & Ors. .......Appellants. V/S. Mr. AnilKumar P. Sanghvi & Ors. ........Respondents ------ Mr. Zal Andhyarujina i/by. Dave & Girish & Co., adv.for the appellants. Mr. F.E. D vitre i/by. Dastur Dadhich and Kalambi, adv. for respondents no.1 to 3. ’ CORAM :- S.C. DHARMADHIKARI, J. DATED :- 19TH MARCH, 2010. P.C. :- 1. This Arbitration Appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 impugns an interim order dated 7/10/2009 of the learned Arbitrator. 2. After this appeal was argued for some time, my attention was invited by Shri. D vitre appearing on behalf of the learned counsel for the respondents to ’ an affidavit filed by respondent no.1 wherein, respondent no.1 has also stated that the order of the learned Arbitrator be set aside. 3. Since the Arbitration appeal is by the appellants who are impugning the very same order and the respondents have also stated that the order be set aside, in the light of the peculiar facts, the Arbitration Appeal is allowed in terms of prayer clause (a). The order dated 7/10/2009 passed by the learned Arbitrator is set aside. 4. Mr. Andhyarujina, appearing on behalf of the appellants states that he has instructions not to press for any other relief including prayer clause (d) of the Arbitration Appeal. There shall be no order as to costs. 5. Needless to state that since the order under challenge is an interim order and some proceedings are stated to be pending before the learned Arbitrator, they will go on without being influenced by the observations made in the impugned order and the setting aside of the same. [S.C. DHARMADHIKARI, J]