1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 279 OF 2009 IN ARBITRATION PETITION NO. 356 OF 2009 Vijay Agarwal ).. Appellant Versus Lehman Brothers Advisors Private Limited ) and another ).. Respondents Mr. Virag Tulzapurkar i/b Wadia Ghandy & Co. for the Appellant. Mr. Janak Dwarkadas a/w Mr. Shailesh Shukla and Mr. Anish Wadia i/b AZB & Partners for Respondent No.1. CORAM : SWATANTER KUMAR, C.J. AND A.M. KHANWILKAR, J. DATED : 11TH AUGUST 2009 P.C. The learned Counsel appearing for the parties have placed on record the letter dated 10th August 2009 stating that they agree to the appointment of Mr. Justice B.P. Jeevan Reddy, Former Judge of the Supreme Court of India, as the Sole Arbitrator. 2. In view of the fact that the parties have mutually agreed for appointment of Sole Arbitrator, we hereby appoint Mr. Justice B.P. Jeevan Reddy, Former Judge of the Supreme Court of India, as Sole Arbitrator who may enter upon the Reference and adjudicate the dispute between the 2 parties in accordance with law. 3. As far as the interim order is concerned, we grant liberty to the parties to move an application for the same before the learned Sole Arbitrator which may be decided without being influenced by the order impugned in the present Appeal and afresh in accordance with law. 4. Parties may also inform ICC about the appointment of the Arbitrator under this order. 5. Appeal disposed of accordingly. No order as to costs. CHIEF JUSTICE A.M. KHANWILKAR, J.