IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.1026 of 2005 IN CHAMBER SUMMONS NO. 899 OF 2005 IN ARBITRATION AWARD DT. 5/11/2004 Essar Steel Ltd .. Appellant versus DLF Universal Ltd .. Respondent ... Mr.Birendra Saraf i/b M/s.Khaitan & Jaykar for the Appellant Mr.F.D’vitre Senior Advocate a/w Mr.Pesi Mody, Mr. Amit Damle and Mr.Yigal Gabriel i/b Mr.Anil T.Agarwal for the Respondent CORAM : R.M. LODHA AND CORAM : R.M. LODHA AND CORAM : R.M. LODHA AND D.G. KARNIK, JJ D.G. KARNIK, JJ D.G. KARNIK, JJ DATED : 22nd November 2005. DATED : 22nd November 2005. DATED : 22nd November 2005. P.C.: Heard. 2. The learned counsel for the appellant did not dispute that as on date, Arbitration Petition under section 34 of the Arbitration Act challenging the award dated 5th November 2004 is not pending since the Notice of Motion for condonation of delay in filing Arbitration Petition has already been dismissed. 3. In that event, we find no error in the impugned order. Appeal is dismissed in limine. (R.M. LODHA, J) (R.M. LODHA, J) (R.M. LODHA, J) (D.G. KARNIK, J) (D.G. KARNIK, J) (D.G. KARNIK, J)