: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1260 OF 2008 IN ARBITRATION APPLICATION NO.775 OF 2008 (EX.5) WITH CIVIL APPLICATION NO.1548 OF 2008 Bhate & Raje Constructions Co. Pvt. Ltd. ..Appellant. Vs. Elpro International Ltd. & Ors. ..Respondents. Mr.Atul Rajadhyaksha i/b. Mr.Yadunath Chjaudhari for the Appellant. Mr.S.U.Kamdar, Senior Counsel with Mr.Devrati Singh and Mr. H.K.Sudhakara i/b. M/s. Khaitan & Co. for Respondent no.1. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 11TH DECEMBER, 2008 DATED : 11TH DECEMBER, 2008 DATED : 11TH DECEMBER, 2008 P.C. : P.C. : P.C. : Both the learned counsel state that the parties have agreed to refer all the disputes and differences in respect of the contract, including the disputes and differences in the present arbitration application to the sole arbitration of Shri Justice R.M.S. Khandeparkar (Retd.). 2. They further state that this order shall be deemed to be a reference to arbitration in writing. : 2 : It is so ordered. 3. It is further agreed that interim reliefs sought in the present proceedings may be adopted before the learned arbitrator under Section 17 of the Arbitration and Conciliation Act, 1996. 4. The parties have agreed to co-operate for the expeditious disposal of the dispute. 5. The Appeal from Order, Arbitration Application and the Civil Application stand disposed of accordingly. ***