*1* kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.8/2010 IN ARBITRATION APPEAL NO.25/2009 Santosh Vidyadhar Kolhapur. ..Applicant -versus- Indian Oil Corporation Ltd.. ..Respondent ................. Mr.A.B.Vagyani for the Applicant. Mr.Harinder Toor with D.G.Dhanure i/b M/s Juris Consultants for the Respondent/Indian Oil Corporation. Mr.Mohan Pungliya for the Respondent/intervener. .................. CORAM : S.C.DHARMADHIKARI, J. Dated : 09th July, 2010. P.C. : 1 Heard. 2 For the reasons set out in the Civil Application and finding that the Applicant was not heard by this Court, the order dated 08.01.2010 passed in the appeal is set aside. Appeal is restored to the file. No order as to costs. (S.C.DHARMADHIKARI, J) *2* kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION APPEAL NO.25/2009 and CIVIL APPLICATION NO.1/2010 Indian Oil Corporation Ltd.. ..Appellant -versus- Santosh Vidyadhar Kolhapur. ..Respondent ................. Mr.Harinder Toor with D.G.Dhanure i/b M/s Juris Consultants for the Appellant/Indian Oil Corporation. Mr.A.B.Vagyani for the Respondent No.1. Mr.Mohan Pungliya for the Respondent/intervener. .................. CORAM : S.C.DHARMADHIKARI, J. Dated : 09th July, 2010. P.C. : 1 By consent of the parties, Arbitration Appeal is taken up for hearing and heard forthwith. 2 I have heard Mr.Toor appearing for the Appellant-Indian Oil Corporation and Mr.Vagyani appearing for the Respondent No.1 at some length. 3 Upon the attention being invited by Mr.Toor to the agreement between the Appellant and the Respondent No.1 more particularly the clause regarding the jurisdiction of the Court; in all fairness Mr.Vagyani *3* takes instructions from the Respondent No.1 who is present in the Court and states that he may be allowed to withdraw the Civil Misc. Application (Arbitration) No.254/2008 filed in the District Court at Sangali under Section 34 of the Arbitration & Conciliation Act, 1996 challenging the award dated 26.08.2008. Mr.Vagyani states that the Respondent No.1 will file a proper petition under Section 34 of the Act afresh to impugn this award and he will do so in the District Court at Pune which is the Court agreed by the parties as a competent Court to challenge the award. 4 Upon further instructions, it is stated by Mr.Vagyani that the petition to challenge the award would be filed in the District Court at Pune within a period of two weeks from today. 5 It is clarified that if such petition is filed within the time specified above, the District Court, Pune shall entertain the same without raising any objection on the point of limitation and shall deal with it on merits and in accordance with law after hearing both the parties. The District Court, Pune shall not be influenced by any of the observations in the order dated 18.06.2009 passed in Civil Misc. Application (Arbitration) No.254/2008. The Arbitration Petition, if instituted as above, shall be heard expeditiously and disposed of by the District Court, Pune within a period of four months from the first date of appearance of the parties before it. 6 Needless to state that the order passed by the Principal District Judge, Sangali is set aside with consent of the parties with liberty as above. 7 The concession as regard the waiver of limitation is given only because the Respondent No.1 has invoked the jurisdiction of the Principal District Judge, Sangali to challenge the subject award within the period specified by Section 34(3) of the Act. Thus, but for want of territorial jurisdiction the application was otherwise maintainable. 8 It is further needless to clarify that this Court has not gone into the merits of the controversy and has not expressed any opinion thereon. *4* All the contentions of the parties are kept open. 9 The Arbitration Appeal is, accordingly, disposed of. In view of disposal of the appeal, Civil Application does not survive and the same is also disposed of. 10 All the concerned to act upon an authenticated copy of this order. (S.C.DHARMADHIKARI, J)