1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR W.P.NO.1854 of 2010 Raghvendra Cooperative Housing So. And anr. ..vs.. Tulsidas Veerumal Kewalani and anr. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : AUGUST 31, 2010. Heard Advocate Agrawal for the petitioners and Advocate Shyam Dewani with Adv. Mr.Lalwani for respondent nos.1 and 2. After hearing parties for sometime, matter was adjourned and was again called out. Both learned counsel state that this court may appoint Arbitrator as per Section 89 of C.P.C. as directed in the impugned order. I have perused the list of arbitrators. The list needs to be prepared afresh. With consent of parties, Advocate Agasti, who is present in the court, is requested to function as Arbitrator and he has agreed to function as Arbitrator in the matter. Accordingly Advocate M.B.Agasti is appointed as Arbitrator in terms of impugned order dated 27/10/2009 passed below Exh.18 in SCS No.1272 of 2006. The learned counsel for the respondents has stated that respondents will not 2 create any third party interest till the Arbitrator passes appropriate interim orders under Section 17 of the Arbitration and Conciliation Act. The petitioner to move appropriate application under Section 17 before the Arbitrator within period of two weeks from today with advance copy thereof for the respondents. The respondents to file their reply to the same within further period of one week thereafter. The Arbitrator shall attempt to decide the application for grant of interim relief as early as possible. Till then the respondents shall not create any encumbrances of third party interest in the suit property. In view of this, writ petition No.1854 of 2010 is disposed of accordingly. No costs. JUDGE chute