:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ARBITRATION ARBITRATION ARBITRATION PETITION NO. 164 OF 2006 PETITION NO. 164 OF 2006 PETITION NO. 164 OF 2006 Mrs. Sunita wife of Manoj and anr. ...Petitioners vs. M/s. Kotak Mahindra Bank Ltd ...Respondents Mr. S.K. Chaurasia for the petitioners. Mr. Harinder Toor i/by. Mohanty and Associates for the respondents. CORAM: CORAM: CORAM: S.J. VAZIFDAR, J. S.J. VAZIFDAR, J. S.J. VAZIFDAR, J. DATE DATE DATE : 20TH JUNE, 2006. : 20TH JUNE, 2006. : 20TH JUNE, 2006. P.C. P.C. P.C. : : : 1. By consent the petition is admitted and heard finally. 2. The petitioners grievance is that despite :2: :2: :2: the fact that the father of petitioner no.1 expired on 5.11.2005, the arbitrator refused to adjourn the hearing fixed on 24.11.2005. On 24.11.2005 the arbitrator heard the respondents in the absence of the petitioners and closed the reference. In view of the order agreed to between the parties it is not necessary to consider the above grievance of the petitioners. 3. By consent the award is set aside and the arbitration proceedings shall continue and be considered a continuation of earlier reference. The petitioners shall file their reply to statement of claim within three weeks from today. The petitioners agree and undertake not to apply for adjournment before the learned arbitrator. 4. Petition is accordingly disposed of. sd/- ********