Vikram Bhikubhai Naik And 6 ORS. v. Nina Vikram Naik And 2 ORS.

kvm 1/1 49-ARBP405.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 405 OF 2015 Vikram Bhikubhai Naik & Ors.

..... Petitioners

VERSUS

Nina Vikram Naik & Ors.

..... Respondents None for the Petitioners.

Mr.Zoeb Cutterywala, i/b. ALMT Legal for Respondents. CORAM :

R.D. DHANUKA, J.

DATED :

1st JULY, 2015 P.C.

None appears for the petitioners when the matter was called out. Learned counsel appearing for the respondents invited my attention to the prayer (a) of this petition and also to the order dated 20th November, 2013 passed by this court in Arbitration Petition No.40 of 2013. It is submitted that this petition filed under section 9 for modification or recall or for setting aside the order dated 20th November,2013 in Arbitration Petition No.40 of 2013 is not maintainable. 2.

A perusal of the order dated 20th November, 2013 indicates that the petitioners herein who were respondent nos. 1 to 7 to the said Arbitration Petition No.40 of 2013 had continued the statement made by their learned advocate on 5th December,2012 in the said proceedings which statement was accepted by this court. In my view again petition filed under section 9 for recall of the said order is thus not maintainable and is accordingly rejected. No order as to costs. [R.D. DHANUKA, J.]