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Bombay High CourtNMCD/599/2017absolute

Rajan V. Mudliar v. Memon Co-Op. Bank Ltd. And 4 ORS.

2017-12-13Hon'Ble Shri Justice R.D. Dhanuka2 pages

27-nmcd599-17 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL JURISDICTION NOTICE OF MOTION NO.599 OF 2017 IN COMMERCIAL ARBITRATION PETITION NO.3 OF 2015 Rajan V. Mudliar ...Applicant

IN THE MATTER BETWEEN :

Rajan V. Mudliar

...Petitioner

V/s.

Memon Co-op. Bank Ltd. & Ors.

...Respondents

Mr.P.C. Kansara for the Applicant / Petitioner. Ms.Priyanka Bhadrashete i/b Mr.N.N. Bhadrashete for the Respondent No.1.

CORAM : R.D. DHANUKA, J.

DATE : 13TH DECEMBER, 2017.

P.C. :- 1.

By this notice of motion, the applicant seeks recall of the order dated 6th September, 2017 insofar as Arbitration Petition No.3 of 2015 is concerned and seeks restoration of the arbitration petition. I have heard the learned counsel for the applicant and the learned counsel for the respondent no.1. I have perused the averments made in the affidavit in support of the notice of motion. 2.

For the reasons recorded in the affidavit in support, the 1/2

27-nmcd599-17 order dated 6th September, 2017 is recalled insofar as Arbitration Petition No.3 of 2015 is concerned. The Arbitration Petition No.3 of 2015 is restored to file.

3.

The notice of motion is disposed of in aforesaid terms. No order as to costs.

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