1 (903)APPL.607.2011-ARBPL.1001.11.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L)NO. 607 OF 2011 IN ARBITRATION(L) NO.1001 OF 2011 Sky Gourmet Catering Pvt. Ltd., & Anr. ...Appellants (Orig. Petitioners) Vs. Mars Enterprises & Anr. ...Respondents (Orig. Respondents) Mr. Ravi Kadam, Advocate General with Ms. Jyoti Singh, Advocate and Mr. Kersi Dastoor, Advocate i/b. M/s. Phoenix Legal for Appellants Mr. Rajeev Narula with mr. A. Dasgupta, Advocates i.b, M/s. Jhangiani Narula & Associates for Respondents CORAM : MOHIT S. SHAH, C.J. AND MRS. ROSHAN DALVI, J. Date : 20th September 2011. P.C. 1. This Appeal is filed against the order dated 9th September 2011 declining to grant ad-interim relief prayed for by the Appellants in a Petition under Section 9 of the Arbitration and Conciliation Act, 1996. Even while declining to grant the ad-interim reliefs prayed for, the learned single Judge has recorded the statement made on behalf of the Respondents that without prejudice to the rights and contentions of both sides the Respondents shall secure the claim towards facilities by a bank guarantee of Rs.6.24 crores. A bank guarantee of the Nationalized Bank to be furnished in the name of Prothonotary and Senior Master, Registrar 2 (903)APPL.607.2011-ARBPL.1001.11.sxw (Original Side) shall be kept alive till the arbitration proceedings are concluded. 2. The learned single Judge has accepted the statement and undertaking to the Court and disposed off the petition after recording that the Respondents are ready and willing to secure the appellants’ claim towards equipments and any rights arising from for the use of the facilities in the agreement. 3. Since the dispute between the parties is to be decided by the Arbitrators as provided in the Arbitration clause in the agreement, we refrain from expressing any opinion on the merits of the dispute between the parties. Subject to the above clariification, the appeal is dismissed. All contentions are kept open. 4. It will also be open to the parties to pray for appropriate interim reliefs before the Arbitrators. 5. It is further clarified that this order is passed without prejudice to the contentions of the parties. CHIEF JUSTICE ROSHAN DALVI, J.