1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4671 of 2008 B.T.Patil & Sons Belgaum (Construction) Pl>td & Anr. .. Petitioners versus M/s.Patel Engineering Ltd. & ors. .. Respondents ... Mr.R.S.Jehagirdar, Sr.Advocate i/b Shri N.V.Bandiwadekar for the petitioner. Mr.Aspi Chinoy, Sr.Counsel with Mr.M.S.Doctor i/b Bachubhai Munim & Co. for respondent no.1. Mr.S.D. Rayrikar AGP for respondent no.3. CORAM : A.M.KHANWILKAR, J DATED : 24th July 2008 P.C.: 1. I see no reason to interfere with the order passed by the Principal District Judge, Satara dated 13th June 2008 passed below Exhibit-5 in Regular 2 Civil Appeal no.144 of 2008. As a matter of fact, that is the appropriate order to be passed between the parties to the Award dated 29th February 2008. Admittedly, petitioner is not party to the Arbitration proceedings or appeal in which the order has been passed. The argument of the petitioner that his independent suit against respondent no.1 and State Government is pending cannot be the basis to deny the respondent no.1 from availing of the arrangement provided in terms of the impugned order dated 13th June 2008. It is not necessary for me to examine the merits of the arguments which would turn upon the nature of relief claimed by the petitioner in Special Civil Suit no.117 of 2008. 2. The petitioner will be free to ask for appropriate relief in the said subsequent suit as may be advised, which will be decided on its own merits. As aforesaid, the pendency of those proceedings cannot be the basis to interdict the arrangement in terms of the order dated 13th June 2008. 3. Hence, this petition is dismissed with the above observation. 3 (A.M.KHANWILKAR, J)