Dayalbhai Devjibhai Patel And ANR. v. The Malad Sangata Co-Op. Hsg. Soc. Ltd. And ANR.

(3)-APP-285-19.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.285 OF 2019 IN ARBITRATION PETITION NO.243 OF 2015 Dayaljibhai Devjibhai Patel and another ..Appellants

Versus

The Malad Sangata Co-op. Hsg.

Society Ltd. and another ..Respondents Mr. Vijay M. Vaghela, Advocate for the Appellants. Mr. Anil D'Souza, Advocate for Respondent No.2. CORAM : PRADEEP NANDRAJOG, C.J. & N. M. JAMDAR, J.

DATE : 13th JUNE, 2019 P.C.

1] Learned counsel states that incorrect fact has been noted by the learned Single Judge in paragraph 6 of the impugned order and thus, the Appellants intend to seek review of the impugned order dated 6th March 2019. The incorrect facts stated to be recorded in paragraph 6 is in the last sentence of paragraph 6 to the effect that "those flats are the subject matter of another dispute pending before another arbitral forum". Learned counsel states that no dispute before another arbitral forum is pending.

BGP. 1 of 2

(3)-APP-285-19.doc.

2] Thus, review if any prayed for, would be limited to said fact.

3] The Appeal is dismissed as withdrawn. Needless to state if a review is sought of the order dated 6th March 2019, the same shall be decided as per the review jurisdiction of the learned Single Judge. N. M. JAMDAR, J CHIEF JUSTICE BGP. 2 of 2