Mr Shyam Sunder Maheshwari Chairman And Md Jayshree Industries Ltd And 1 Other v. Mr Praful A Shah

nms109-15 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.109 OF 2015 IN ARBITRATION APPLICATION NO.344 OF 2014 Shyam S. Maheshwari & Anr.

...Applicants V/s.

Praful A. Shah

...Respondent

None for the Applicants.

Ms.Bharti Bhansali i/b FZB & Associates for the Respondent. CORAM : R.D. DHANUKA, J.

DATE : 19TH AUGUST, 2015.

P.C. :- 1.

None for the applicants when the matter was called out. 2.

By this notice of motion, the applicants seek restoration of Arbitration Application No.344 of 2014 dismissed by the learned designate of the Chief Justice for default. The respondent has filed an affidavit for opposing the notice of motion.

3.

I have perused the affidavit in support and also affidavit in reply filed by the respondent. In my view, the applicants have made out a case for restoration of the arbitration application, which was dismissed for want of prosecution. For the reasons recorded in the affidavit in support, the notice of motion is made absolute in terms of 1/2

nms109-15 prayer (a). The arbitration application is restored to file. The applicants are directed to remain present through their advocate on the next date of hearing and all subsequent dates, without fail. No order as to costs.

4.

Place this arbitration application on board for hearing and final disposal on 2nd September, 2015.

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