IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO. 528 OF 2008 IN ARBITRATION APPLICATION NO.144 OF 2008 Nand Kishore Agarwal ... Appellant Vs Jayabharat Credit Limited ... Respondent Mr. Subhash Jha i/by M/s. Law Global for the appellant. Mr. D.V. Merchant with Mr. A.S. Rai i/by Aruna Singh for the respondent. CORAM: SWATANTER KUMAR, C.J., & S.A. BOBDE , J. DATE : 8TH OCTOBER , 2008 P.C.: The learned counsel appearing for the parties submit that without prejudice to their rights and contentions with regard to the maintainability of the present appeal and proceedings under section 9, the appeal would be disposed of in the following terms: (a) In addition the issues framed by the learned Arbitrator would remain in tact without last issue that is issue No.8 which shall be substituted by an issue that reads as under: 8. If all the above issues are in Negative, whether claimants are entitled to any reliefs and what reliefs? 2. The parties agree that they would pray before the learned Arbitrator for decision of the issue in accordance with law. 3. As the appellant has already filed the affidavit by way of evidence, the evidence of the appellant be continued and the respondent herein shall lead evidence after the appellant concludes the evidence and with the right of rebuttal. This order is consented order. 4. Appeal is disposed of with the agreed terms. No order as to costs. CHIEF JUSTICE S.A. BOBDE, J.