M/S Esds Software Solution Pvt. Ltd. v. The Nashik Merchant'S Xo-Operative Bank Ltd.,

24-cap7-16 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.7 F 2016 IN ARBITRATION PETITION NO.53 OF 2015 ESDS Software Solution Pvt. Ltd.

...Applicant V/s.

The Nasik Merchant's Co-op.Bank Ltd. & Anr.

...Respondents

Mr.Rohit P. Karhadkar for the Applicant.

Mr.Sachin Padiye i/b Mr.Girish R. Agarwal for the Respondents. CORAM : R.D. DHANUKA, J.

DATE : 15TH APRIL, 2016.

P.C. :- 1.

By this civil application the applicant seeks restoration of Arbitration Petition No.53 of 2015 and recall of the order dated 15th January, 2016 passed by this Court, dismissing the arbitration petition for want of prosecution. No affidavit in reply has been filed. 2.

I have heard learned counsel for the parties and have perused the averments in the civil application. For the reasons recorded in the civil application, the order dated 15th January, 2016 passed by this Court is recalled. Arbitration Petition No.53 of 2015 is restored to file.

3.

The civil application is accordingly disposed of in aforesaid 1/2

24-cap7-16 terms. No order as to costs.

4.

Place Arbitration Petition No.53 of 2015 on board for admission as per CMIS date.

(R.D. DHANUKA, J.) 2/2