Bhavnaben B. Parmar v. Avanse Financial Service Ltd.

7.ARBP.232.2019.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

O.O.C.J.

ARBITRATION PETITION NO. 232 OF 2019 Bhavnaben B. Parmar

...Petitioner

vs Avanse Financial Service Ltd.

...Respondent.

.....

Mr Akshat Khare, Suresh Pandey i/b Moson Le Exparts for the Petitioner Mr Mayur Khandeparkar a/w MN.B.Kale i/b GNP Legal for the Respondent.

.....

CORAM : B.P.COLABAWALLA, J.

MARCH 08, 2019.

P.C. :

Admit. By consent of parties taken up for hearing and final disposal.

After this matter was argued for some time, Mr Khandeparkar, the learned advocate appearing on behalf of the Respondent (claimant before the Tribunal) stated that he has instructions to consent to having the impugned order dated 6th December, 2018, and which was passed ex-parte, set aside. He has further stated that considering that this was an ex-parte order, he will move the Arbitral Tribunal tomorrow to seek the same relief, after giving an opportunity to the Petitioner herein (the Respondent before Pg 1 of 2

7.ARBP.232.2019.doc the Tribunal) to be heard before any order is passed. In these circumstances, the impugned order is set aside. It is clarified that the Arbitral Tribunal can pass such further orders on the application made by the claimant subject to hearing the Respondent before the Tribunal. The Arbitration Petition is accordingly disposed of. No order as to costs. (B.P.COLABAWALLA, J.) Pg 2 of 2